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Because workers' compensation is an insurance benefit, normally an employer's premium will increase with the number of work-related injuries that occur. In some situations employers refuse, oppose, or interfere with employees submitting claims for benefits under the Workers' Compensation Act and if the employee insists on submitting one, the employer takes action against the injured worker.
The rule of thumb with regards to Michigan employment law is that most employees can be fired, anytime, for any reason or for no reason at all. However, with all rules come exceptions.
Another exception to this rule is where an employer demands that an employee complete a task that would violate the law. An employee has the right to refuse an employer's directive to violate a law or a well-recognized rule or regulation.
If the employer discharges or otherwise retaliates against an employee for his/her refusal to violate the law, this may be illegal and the employee may be entitled to file a lawsuit. If you believe your employer is directing you to perform a task which violates the law, call us immediately.
Unlike most retaliation cases, with this type of case, completion of the task must actually result in a violation of the law. If an employee refuses to perform a task based upon a mistaken belief it would violate the law, an employer may rightfully terminate that employee for insubordination. An employee in this type of situation needs to contact the Law Offices of Dean T. Yeotis as soon as possible.
Employees from big and small organizations also have the right to report and/or oppose illegal discrimination or harassment in their workplace, whether directed towards you or a co-worker.
If you assert a claim for work-related injuries, known as workers' compensation benefits, you have certain rights against retaliation. If these rights and protections have been violated, the Law Offices of Dean T. Yeotis will help you.
Whistleblowing can seem like a complex topic unless you have all the facts. Many people engage in whistleblowing activities and do not even realize it. Conversely, some people believe they have "blown the whistle" when they have not.
If you obtain a personal protection order (PPO) against a co-worker and your employer fires you or retaliates against you, you may be protected under the Whistleblowers' Protection Act. If you report your employer to the IRS for not taking out payroll taxes and the employer fires you, you may be protected under the WPA.
If you are a police officer investigating the mayor of your community and your employer fires you because you won't drop the investigation, you may be protected by the WPA. These are only a few examples and our experienced Genesee County whistleblower attorneys can explain it in greater detail.
Generally, whistleblowing laws protect employees if they report suspected violations of law to a public body, such as the government or a government employee. Under the WPA, you may also be protected if you are about to report a violation of law, the employer knows you are about to make the report, and you are fired.
There is a great deal of confusion about the term whistleblowing. An employee's protection under whistleblowing statutes is a direct extension of who he or she complains to. If you work for a large company and report to an internal office that someone is committing fraud, that is not considered whistleblowing.
If you contact the attorney general's office with the same complaint, that is whistleblowing. You have to report or be about to report the violation to a public body in order to be protected under the WPA.
Additionally, the suspected violation must be of an actual law and not simply immoral or unfair. If the complaint is "they violated the ethical rules by engaging in this type of business practices," that is most likely not whistleblowing. It is wise to contact an experienced attorney so we can explain your options regarding your specific situation.
A complaint or opposition to illegal discrimination complained of internally must clearly identify the behavior or comments being complained about and reference the Civil Rights Act (race, gender, sex, age, weight, etc.) to best ensure protection under the Civil Rights Acts.
If you communicate this type of complaint to your employer (which means the human resources director or someone else with the power to remedy the situation) and action is taken against you, your rights may have been violated. For any questions regarding workplace retaliation, contact us today.