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Can I fire employees for reasons other than poor performance in Michigan? What are the requirements?
Yes, in Michigan, employers can generally terminate employees for any reason, as long as it is not discriminatory, retaliatory, or unlawful. However, there are certain requirements that employers must follow when terminating employees.
Requirements for firing employees in Michigan
Discrimination and retaliation
Employers cannot terminate employees for discriminatory reasons, such as race, gender, religion, or disability [3.1]. Additionally, employers cannot terminate employees for engaging in protected activities, such as filing a complaint of discrimination or harassment, or reporting illegal activity [3.1].
Contractual obligations
If there is a contract or collective bargaining agreement in place, employers must follow the terms of the agreement when terminating employees [3.1].
Final paycheck
Employers must provide employees with their final paycheck within a certain timeframe after termination. In Michigan, employers must provide the final paycheck on the next scheduled payday or within 24 hours of the employee’s request, whichever comes first [3.1].
Notification of proceedings
Employers are required to notify employees of proceedings related to violations of occupational safety or health standards [2.1].
Sanctions for reporting violations
Employers cannot subject employees to sanctions, such as dismissal, withholding of salary increases, or demotion, for reporting violations of section 2 of the Michigan Occupational Safety and Health Act [5.1].
Conclusion
In Michigan, employers can generally terminate employees for any reason, as long as it is not discriminatory, retaliatory, or unlawful. Employers must also follow contractual obligations, provide employees with their final paycheck in a timely manner, and cannot subject employees to sanctions for reporting violations. If there is a question about the legality of a termination, it is recommended to consult with legal counsel [3.1].
Source(s):
- [2.1] Responsibility of employers to notify employees of proceedings
- [3.1] Disclosure of information relating to employee’s job performance; immunity; exception.
- [5.1] Report of violation; applicability of sanctions; civil fine.
Jurisdiction
Michigan