Legal Question in Employment Law in Michigan

Wrongful Termination of Employment

I had a verbal agreement for continuing employment for at least four more months or until a hiring freeze was lifted with the opportunity to obtain the full time position that was available. One week later I was terminated without notice and for reasons that my performance was not acceptable and that I was going to be replaced by an employee with higher seniority whose job was being eliminated. I find out that the person being hired to replace me is actually off the street with no experience and that my performance was actually rated higher than the person they hired for the supervisor position of my department. Isn't this wrongful termination? Breech if contract? (An agreement made for employment and job security) Descrimination? (Being passed up for a position when someone else with lower stats gets hired?)


Asked on 8/23/00, 11:30 pm

1 Answer from Attorneys
Martin Scott Law Offices of Martin A. Scott

Re: Wrongful Termination of Employment

Your verbal agreement for continuing employment may be enforceable. The problem is proving that it existed. Did anyone hear this promise made to you? Is there any other evidence of this agreement? If there is an enforceable agreement, your damages may be limited to the pay you lost for the remainder of the promised four months.

Without an enforceable agreement or some other form of employment contract (like a union contract or a written employment contract) there is no legal requirement that you be given any notice or reasons.

The falsity of the reasons given you may indicate that the employer is trying to cover up the true reasons. This may help you but only if those true reasons were illegal. The most common illegal reason is discrimination. However, being passed up for a position in favor of a less qualified person is not illegal discrimination unless it was based on an illegal factor such as race, color, national origin, sex, religion, age or disability.

It sounds like your firing was unfair. Whether it was illegal depends on the factors discussed above.

Best of luck and let me know if youhave any more questions.

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Answered on 8/24/00, 2:15 pm


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