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In this current job market, do you ever wonder if employees still have rights? 

 

business meeting 3 peopleThe short answer is "Yes."  But knowing what those rights are can be confusing.

 

Michigan is still an "At-Will" employment state.  This means that without a specific contract of a specific duration, an employee may be "let go" with or without cause at any time.  The reasons could include performance, the company's overall profitability (or lack thereof), or someone simply not fitting in at the company.  Supervisors have been known to do or say things that seem inappropriate or even unkind, but which don't rise to the level of violating employment law.  It is best to have those situations reviewed within your own company and you may discuss your rights with an employee-oriented employment law specialist to make sure that you are following proper procedure and taking appropriate action for any alleged wrongdoing by the employer.  business advisor and client

 

If the inappropriate behavior rises to the level of discrimination or wrongful termination, then there are laws to protect you.  The following Federal Statutes may provide you with some legal remedies: Family Medical Leave Act, The Whistleblower's Protection Act, Elliott Larsen Civil Rights Act, Persons With Disabilities Civil Rights Act, and Federal anti-discrimination statutes (Title VII and ADA). Additionally, the Worker's compensation laws in each State may address some of your concerns.  If you suspect you were treated unfairly, inappropriately, or even illegally, it is best to discuss your specific facts with an experienced employee-oriented employment law specialist.   While general laws are in place to protect the many, lawsuits often boil down to the infringement of individual rights of a few.

 

Tips for Employers:   If you haven't had your employee handbook updated in awhile, or perhaps never had an employee handbook, it would be advisable to talk with an employer- oriented employment law specialist to find out  whether you are operating in accordance with current laws and practices.  If you are, great.  If not, they can probably bring you up to speed. 

 

There are laws and procedures which need to be followed by companies when it comes to termination of employees from employment, handling private information of employees, and offering/terminating benefits of employees.  The size of your company and number of employees may dictate some of these procedures, based upon applicable law.  Again, when it doubt, consult with an employment law specialist. 

 

Tips for Employees:  As your employment circumstances change, stay in touch with your advisors.  An attorney, CPA, financial advisor, career coach, and/or benefits specialist may all have valuable insight for you during your transition.  business team

 

Should you need any of these or other professional resources, feel free to contact me.

 

All my best,

Lori

 

Lori T. Williams, Esq.

www.bestlegalresource.com

248-594-4470

 

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IN THE NEWS:

According to the
The National Law Journal, Age discrimination is the fastest-growing category of job bias complaints.  Given the economic recession, increasing layoffs and company restructuring, litigation has increased in the area of age claims, and other non-Title VII job bias claims such as disability and the Family and Medical
Leave Act violations.

 

Click here for full story 

 

The US Supreme Court recently ruled in favor of age discrimination claims going to arbitration for resolution, rather than Federal Court.

 

Click here to read more.

 

 

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