Start gathering evidence before being unjustly fired
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Start gathering evidence before being unjustly fired

| May 27, 2020 | Employment Law |

Before losing their job, many people have some kind of heads up. It may be a direct statement from an employer saying that a worker needs to do better or risk losing his or her job, or it could simply be a change in the environment at work, especially after a worker files a complaint. If a Michigan worker suspects that he or she is going to be unjustly fired, taking action ahead of time is wise.

When it comes to wrongful termination, employers could act illegally if they fire an employer for discriminatory reasons or as retaliation for the worker participating in a protected activity. For example, if a worker files a complaint about a safety violation or makes a workers’ comp claim, that worker could start being treated unfairly at work as retaliation. In some cases, those retaliatory actions could end with a worker being fired. However, when those actions start, workers may want to start documenting events.

If workers believe that retaliation is taking place, making internal complaints to management is important. Records of these complaints could be used as evidence in a wrongful termination case. Additionally, individuals should write down any instances of retaliatory treatment, such as being assigned to less favorable duties, being demoted or receiving a pay cut. If the situation ends in a dismissal, workers will likely not be able to go into the office later to gather evidence, so obtaining copies of positive performance reviews, copies of internal complaints and other documents before the firing occurs is wise.

It may also be a wise precaution to start learning one’s legal rights. Contacting knowledgeable employment law attorneys when the workplace becomes hostile could allow Michigan workers to understand the information they may need to start gathering and help them determine whether what they are facing is retaliation. If workers are unjustly fired, they can work with their legal counsel to pursue compensation for the illegal treatment.