Legal Question in Employment Law in Michigan

Re: Employment leave after performance warning

The 90 day performance plan policy might require that the employer provide the employee with the full 90 days before replacing the employee. This will depend upon a number of factors, such as whether the written policy unqualifiedly gives the employee the period to prove him/herself.

In Michigan, employment is considered to be at-will, unless the employer and employee have agreed otherwise. "At-will" means that either the employer or the employee may terminate the employment at any time, with or without cause, and with or without notice. A performance plan, probation policy, or trial period, such as the one described in the question, might be a promise to employ the employee for the full period. If the employer terminates the employee during that period for performance reasons, the employee might be able to seek relief in court for wrongful termination.

These policies usually favor the employee, and not the employer, although many employers include these provisions in their employee handbooks. It will be necessary to review the performance plan to determine what rights and obligations it gives to both the employer and employee, before a definitive analysis can be made. Please feel free to contact me, if you have further questions regarding this matter.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.