Wrongful Termination Law in Michigan
This page covers wrongful termination law as it applies in Michigan — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
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Quick answer
Michigan is an at-will employment state, meaning employers can generally fire workers for any reason or no reason at all. However, state and federal laws prohibit terminations based on discrimination, retaliation for reporting illegal conduct, or violation of a written employment contract. If you believe you were wrongfully fired, act fast — some deadlines are as short as 90 days from the date of the retaliatory act.
Laws that govern wrongful termination in Michigan
Michigan state law
- Elliott-Larsen Civil Rights ActMCL 37.2101 et seq. (Act 453 of 1976)
Prohibits employers from firing workers because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, height, weight, familial status, marital status, or arrest record.
- Persons with Disabilities Civil Rights ActMCL 37.1101 et seq. (Act 220 of 1976)
Prohibits employers from terminating an employee because of a disability that is unrelated to the individual's ability to perform the duties of the job.
- Michigan Whistleblowers' Protection ActMCL 15.361 et seq. (Act 469 of 1980)
Prohibits employers from retaliating against an employee who reports, or is about to report, a suspected violation of law or regulation to a public body.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
Michigan-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File a discrimination complaint with the Michigan Department of Civil Rights: 180 days
A complaint must reach the Michigan Department of Civil Rights within 180 days of the discriminatory act. Filing with the Michigan Department of Civil Rights automatically cross-files with the Equal Employment Opportunity Commission under the agencies' worksharing agreement.
MCL 37.2601 (Elliott-Larsen Civil Rights Act, Act 453 of 1976, Article 6)
- File a discrimination charge with the Equal Employment Opportunity Commission: 300 days
Because Michigan has a state anti-discrimination agency (the Michigan Department of Civil Rights), the Equal Employment Opportunity Commission deadline is extended from 180 to 300 days. You must receive a right-to-sue letter from the Equal Employment Opportunity Commission before filing a Title VII, Americans with Disabilities Act, or Age Discrimination in Employment Act lawsuit in federal court.
42 U.S.C. § 2000e-5(e)(1) (Title VII of the Civil Rights Act of 1964)
- File an Elliott-Larsen Civil Rights Act lawsuit in Michigan circuit court: 3 years
Michigan courts apply the three-year personal-injury statute of limitations to Elliott-Larsen Civil Rights Act discrimination claims. Unlike federal anti-discrimination law, Michigan does not require employees to exhaust administrative remedies before filing a circuit court lawsuit.
MCL 600.5805(2) (Revised Judicature Act of 1961, applied to Elliott-Larsen Civil Rights Act claims)
- File a Whistleblowers' Protection Act civil lawsuit: 90 days
The 90-day window for a civil lawsuit under the Michigan Whistleblowers' Protection Act is one of the shortest employment-law deadlines in the state. Contact an attorney immediately if you believe you were fired for reporting a violation of the law to a government body.
MCL 15.363 (Michigan Whistleblowers' Protection Act, Act 469 of 1980)
- File a Family and Medical Leave Act retaliation lawsuit: 2 years (3 years if willful)
The standard deadline is two years from the last retaliatory act; it extends to three years if the employer's violation was willful. Employees may also file an administrative complaint with the U.S. Department of Labor's Wage and Hour Division, which has no fixed administrative deadline.
29 U.S.C. § 2617(c) (Family and Medical Leave Act)
- File a breach-of-employment-contract lawsuit in Michigan court: 6 years
Michigan's six-year contract statute of limitations applies when an employer violates a written employment contract or an enforceable implied contract, such as unambiguous job-security promises in an employee handbook that a court finds to be contractually binding.
MCL 600.5807 (Revised Judicature Act of 1961)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in Michigan.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
- State Bar of Michigan Lawyer Referral Servicebar referral
Connects Michigan residents with licensed employment attorneys; provides guidance on finding qualified legal representation for employment matters.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
- Michigan Legal Helplegal aid
Free legal information and self-help guides for Michigan residents on employment rights, supported by the Michigan Supreme Court and State Bar of Michigan.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Michigan
- 1
Write down everything while it is fresh
Record the date of your termination, who told you, the reason given, and the names of any witnesses. Also note any prior complaints you made, disciplinary warnings you received, or incidents of discrimination leading up to the firing.
- 2
Gather your employment documents
Collect your offer letter, employee handbook, performance reviews, written warnings, pay stubs, and any emails or texts related to your termination. These records can show what promises were made and whether the stated reason for firing was consistent.
- 3
Identify which law may cover your situation
Different laws address different situations: the Elliott-Larsen Civil Rights Act covers firings based on protected characteristics such as race, sex, or age; the Michigan Whistleblowers' Protection Act covers retaliation for reporting illegal conduct; and a written employment contract or handbook promise may create separate rights.
- 4
File a complaint with the Michigan Department of Civil Rights or the Equal Employment Opportunity Commission if discrimination is involved
The Michigan Department of Civil Rights accepts complaints within 180 days of the discriminatory act; the Equal Employment Opportunity Commission accepts charges within 300 days. Filing with one agency automatically cross-files with the other under a worksharing agreement.
- 5
Consult a licensed employment attorney
An attorney can identify which deadlines apply to your specific situation and advise whether to pursue an agency complaint, a lawsuit, or both. The State Bar of Michigan offers a lawyer referral service with reduced-fee initial consultations.
- 6
Mitigate your losses by seeking new employment
Courts expect fired employees to make reasonable efforts to find comparable work. Failing to do so may reduce the back pay and damages you can recover even if your claim succeeds.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in Michigan
Can my employer fire me for no reason in Michigan?
Yes, in most cases. Michigan follows the at-will employment doctrine, which allows an employer to end a worker's employment at any time and for any reason — or no reason at all — unless a specific law or contract says otherwise. The main exceptions are terminations that violate anti-discrimination laws, punish an employee for protected activity such as whistleblowing, or breach a written or implied employment contract.
What characteristics are protected under the Elliott-Larsen Civil Rights Act?
The Elliott-Larsen Civil Rights Act (Michigan Compiled Laws 37.2101 et seq.) prohibits employers from firing workers because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, height, weight, familial status, marital status, or arrest record. It applies to employers with one or more employees and covers hiring, firing, and all terms and conditions of employment.
What does the Michigan Whistleblowers' Protection Act cover?
The Michigan Whistleblowers' Protection Act (Michigan Compiled Laws 15.361 et seq.) makes it illegal for an employer to fire or otherwise retaliate against an employee who reports — or is about to report — a suspected violation of a law or regulation to a government body. The deadline to bring a civil lawsuit under this act is only 90 days from the retaliatory act, which is one of the shortest employment-law deadlines in the state.
Does an employee handbook protect me from being fired?
It depends on what the handbook says. Under Michigan's Toussaint doctrine, certain employer promises in a handbook — such as that employees will only be fired for good cause — can create an implied contract limiting at-will termination. However, many handbooks include a disclaimer stating the handbook is not a contract, which courts generally enforce. An attorney can review the specific language to advise whether your handbook creates enforceable rights.
Can I be fired for filing a workers' compensation claim?
No. Michigan law prohibits employers from retaliating against employees for exercising their rights under Michigan's Workers' Disability Compensation Act (Michigan Compiled Laws Chapter 418). If you were fired shortly after filing a workers' compensation claim and believe the two events are connected, consult an employment attorney promptly.
What remedies can I receive if my wrongful termination claim succeeds?
Remedies depend on the type of claim but can include back pay for wages lost since the termination, front pay for estimated future wage losses, reinstatement to your position, and — in discrimination cases under the Elliott-Larsen Civil Rights Act — compensation for emotional distress and attorney's fees. Punitive damages may be available in some federal civil rights cases.
Do I have to file a government complaint before suing my employer?
For federal anti-discrimination claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act, you must first file a charge with the Equal Employment Opportunity Commission and receive a right-to-sue letter before filing in federal court. For Michigan Elliott-Larsen Civil Rights Act claims, you may file directly in Michigan circuit court without going through any agency first.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.