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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 17108
Experience:  Significant experience in all areas of employment law.
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Wrongful termination. Manager and HR. Salaried, at will. No

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Wrongful termination
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: Manager and HR
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Salaried, at will
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No documented instances or negative counseling statements

Hello and welcome to Just Answer. It will be my pleasure to assist you. What precisely is your question for me please?

Customer: replied 11 days ago.
I want to final a wrongful termination suit.
Customer: replied 11 days ago.
File*

Thank you. And what is your question for me?

Are you asking whether you can sue for wrongful termination if your employer did not document instances of misconduct in advance of termination?

Customer: replied 11 days ago.
Correct
Customer: replied 11 days ago.
There were no instances of misconduct to document.

Thank you.

 

So the default rule in all states but Montana is that employment is "at will" absent an agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

 

Since your employer doesn't need a fair or even a true reason to terminate you, assuming you're an at will employee, your employer is n ot required to document instances of misconduct or have any sort of paper trail to support their decision to let you go. They can let you go "out of the blue" for totally unfair reasons and that does not give rise to any legal claims.

 

I hope that you find this information helpful and I am genuinely sorry if it is not what you were hoping to hear. If there is anything else I can do for you, just let me know. It's my pleasure.


* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

Patrick, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 11 days ago.
So if the employer made several oral promises that we were setting my employment future and then fired me, that's not a violation of Michigan Law?
Customer: replied 11 days ago.
"We're going to be doing business together for many years and that's what we're focused on, not short term bumps or steuggles."