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Can I terminate employees without violating employment laws in Michigan? What are the requirements?
Requirements for Termination of Employees in Michigan
To terminate employees without violating employment laws in Michigan, employers must follow certain requirements.
At-Will Employment
Michigan is an at-will employment state, which means that employers can terminate employees at any time and for any reason, as long as it is not discriminatory or in violation of public policy [2.1].
Discrimination
Employers cannot terminate employees based on their race, color, national origin, sex, religion, age, disability, or genetic information. Doing so would be considered discriminatory and a violation of federal and state laws [2.1].
Retaliation
Employers cannot terminate employees for engaging in protected activities, such as reporting discrimination or harassment, filing a complaint, or participating in an investigation [2.1].
Contractual Obligations
Employers must also comply with any contractual obligations, such as providing notice or severance pay, before terminating an employee [2.1].
Work Stoppage or Strike Activity
Local governmental bodies in Michigan are prohibited from adopting, enforcing, or administering an ordinance, local policy, or local resolution regulating work stoppage or strike activity of employers and their employees or the means by which employees may organize [5.1].
Prohibited Conduct
Michigan law prohibits employers from terminating employees for certain reasons, such as refusing to work in unsafe conditions, filing a workers’ compensation claim, or reporting a violation of the law [4.2].
Conclusion
In summary, employers in Michigan can terminate employees as long as it is not discriminatory, in violation of public policy, or retaliatory. Employers must also comply with any contractual obligations and cannot terminate employees for certain reasons prohibited by law. Local governmental bodies are also prohibited from regulating work stoppage or strike activity. [2.1][5.1][4.2]
Source(s):
- [2.1] Transfer of powers and duties of Michigan employment security commission and Michigan employment security advisory council, with certain exceptions, to director of employment security by type III transfer; rescission of E.R.O. No. 1986-2 and E.R.O. No. 1991-21.
- [5.1] Work stoppage or strike activity of employers and employees; organization by employees; regulation by local governmental body prohibited.
- [4.2] Prohibited conduct.
Jurisdiction
Michigan