How To Prove Retaliation In The Workplace In Michigan?

Do you believe your employer retaliated against you for actions protected under Michigan or federal laws? Workers can file lawsuits against employers for retaliation, seeking reinstatement of their jobs, back pay for lost wages, attorney’s fees, and more. Understanding your rights as a worker in Michigan is crucial, and an experienced workplace discrimination lawyer can help.

Protected Actions for Michigan Workers

Various Michigan and federal laws protect workers engaged in certain practices. Some of the actions it is illegal for employers to retaliate against employees for are:

Filing Complaints with Human Resources : Employers cannot retaliate against workers who file complaints with HR for things like sexual harassment or discrimination in the workplace.
Participating in Internal Investigations : Employers cannot retaliate against workers for assisting with internal investigations, regardless of the findings of those investigations.
Filing a Workers’ Compensation Claim : Employers cannot retaliate against workers for seeking workers’ compensation after a workplace injury.
Reporting a Violation : Employers cannot retaliate against workers for reporting violations, including to agencies such as the Occupational Safety and Health Administration (OSHA).
Requesting Accommodations : Employers cannot retaliate against workers for requesting special accommodations due to injuries or religious beliefs.
Discussing Wages with Coworkers : Employers cannot retaliate against workers for discussing wages or organizing with coworkers.

Common Examples of Workplace Retaliation

If you are unsure whether your employer has retaliated against you after you engaged in a protected action, consider whether any of the following situations apply:

Firing : Did your employer fire you after you engaged in a protected action? While Michigan is an at-will employment state, employers still cannot fire workers for illegal reasons, such as retaliation.
Demotions : Did your employer demote you after you engaged in protected actions?
Skipped Promotions : Were you passed over for a promotion you were qualified for after engaging in protected actions?
Poor Performance Evaluations : Did you receive a poor performance evaluation after engaging in protected actions? Your employer may be laying the groundwork for further retaliation by giving you a poor performance evaluation without cause.
Reduced Hours or Pay : Did your employer reduce your work hours or pay after you engaged in protected actions?
Reduced Responsibilities : Did your employer reduce your work responsibilities after you engaged in protected actions?
Location Transfer : Were you asked to transfer to another, less desirable location after engaging in protected actions? A less desirable location may simply be farther from where you live.

Specific Protections for Workers Under Michigan Law

There isn’t only one Michigan law that protects workers from employer retaliation. Instead, Michigan has various laws that protect workers from retaliation in specific situations. Some of the laws that may apply to your case include:

The Whistleblowers’ Protection Act: This act protects workers who report their workplace for violations, including reports made to OSHA and industry-specific governing bodies.
Elliott-Larsen Civil Rights Act: This act protects workers who file complaints of or participate in investigations involving discrimination based on race, religion, skin color, and other protected attributes.
Persons with Disabilities Civil Rights Act: This act protects workers who file complaints of or participate in investigations involving discrimination against persons with disabilities.
Public Health Code: The public health code protects healthcare workers who report their employer’s unsafe practices or work conditions.
Minimum Wage Law: This law protects workers who participate in investigations of wage violations, including workers who testify before a wage deviation board.

Evidence Used to Prove Retaliation in the Workplace

To prove retaliation in the workplace in Michigan, employees must be able to demonstrate that:

They engaged in a protected action
Their employer took adverse action against them
The adverse action was in response to the protected action taken by the employee

Since Michigan is an at-will employment state, proving retaliation without the right evidence can be challenging. Some key pieces of evidence that could be vital for your case are:

Eyewitness Statements : If other employees witnessed the retaliation against you, their statements could help corroborate your claims. For example, your coworkers may be able to help establish that your demotion came directly after attempting to organize for higher wages.
Internal Communications : Your employer’s internal communications, such as messages to HR, may show their intent to fire you in retaliation for engaging in a protected act.
Previous Performance Reports : If you received a poor performance report after engaging in a protected act, you may be able to use previous performance reports to establish a pattern of good performance and highlight the sudden change in reports.
Photographic Evidence : If your employer retaliated against you for reporting a hazardous workplace condition, photographic evidence of the hazardous condition can bolster your claim.

Contact Our Michigan Workplace Discrimination Lawyers

If your employer retaliated against you in Michigan, call Just Right Law or contact us online for a free consultation with one of our experienced workplace discrimination lawyers. We’ll review your case, explain your options for seeking compensation, and answer your questions about the legal process.