Wrongful Termination Lawsuits on the Rise

As the economy continues to head south, wrongful termination lawsuits are on the rise, according to a recent article in Newsday. Labor and employment lawyers expect these suits to increase dramatically in the coming months as employers continue to lay off employees, and those employees burn through their emergency funds and unemployment benefits while looking for new employment opportunities that just don't seem to exist.

In order to help protect themselves from litigation, employers should consult with their employment counsel before reducing staff. Planning ahead is always better than reacting to a lawsuit. Employment attorneys can help devise a defensible downsizing plan. This is done through a thorough review of employment laws, company policies, notification requirements, severance agreement options, and analyzing the proposed termination with regards to a possible protected class employee.

Although Michigan is an "at-will" state, there are federal laws that prohibit discrimination on the basis of race, sex, religion or national origin. There are also federal laws regarding leave, disability, and mass layoffs notice. While you might not think that the layoffs are deliberately discriminatory, someone looking at it from the other side may think so. Make sure to protect yourself and your company...become proactive.

This publication is for general information only. The information contained is not intended as formal legal advice. If you have any questions or need assistance, please call your attorney at Curtis & Curtis, P.C.

Curtis & Curtis, P.C. is a full service law firm located in Jackson, Michigan providing superior legal services and advice to individuals, families and businesses throughout mid-Michigan since 1901.