This web page concerns wrongful termination settlements and verdicts in Michigan. It is unusual for good cases to go to trial, as they quite often reach settlement out of court.
The majority of lawsuits incorporate mixed verdicts, meaning they implicated a single, or possibly several claims of unlawful firing as a result of race, color, national origin, religion discrimination, whistleblower, breach of employment contract, firing in violation of public policy, age discrimination, pregnancy or disability.
The table below exhibits a summary of the various kinds of cases filed in addition to their specific quantities in MI in 2017.
| State | 2017 Total Charges | % of Total USA Charges | Race | Sex | Natl Origin | Religion | Color | Retaliation All Statutes | TVII Retaliation | Age | Disability | EPA | GINA |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Michigan | 2489 | 3.00% | 779 | 664 | 157 | 114 | 28 | 986 | 741 | 505 | 831 | 35 | 6 |
Source: https://www1.eeoc.gov/eeoc/statistics/enforcement/state_17.cfm
Wrongful discharge and discrimination cases & settlements in Michigan
$ 880,000
12/8/2011
Lynn A. Morrison v. B. Braun Medical
Lynn Morrison worked as a medical sales representative for B. Braun Medical working from home in Michigan. She worked for the company for 9 years.
During her employment at the company, she was repeatedly asked to promote off-label uses of the company’s products, and also to violate MI state antikickback laws. She told her supervisors several times, that she will not break the law.
She was fired from the company in 2007. The company claimed it was because she had not met her sales targets, but Morrison claimed that she was fired in retaliation for her refusal to break the law, so filed a wrongful termination lawsuit in violation of public policy.
She proved her case, and a jury awarded her $880,000. The company appealed the decision several times, but it was upheld. Source
$ 85,000
6/2/2009
EEOC v Muskegon Family Care
Iris Towers is a black woman who worked for Muskegon Family Care in Muskegon Heights. Ever since she started working at the medical center, her supervisor disliked her because of her race and failed to promote her.
Eventually Towers made a discrimination complaint to management. Her discrimination did not stop, and she was terminated in retaliation for making the complaint. Title VII prohibits racial discrimination at the workplace, and retaliation for reporting discrimination.
The EEOC sued the company on Towers’ behalf for wrongful termination due to retaliation and racial discrimination. The case was settled through a consent decree, where the woman received a settlement of $85,280. Source
$ 500,000
6/8/2007
EEOC v Michigan Seamless Tube
Michigan Seamless Tube was a tube manufacturing company based in South Lyon, MI.
After the company acquired the assets of another manufacturing plant, Michigan Seamless Tube started hiring the workers of the other company. 52 of the acquired company’s employees were hired, but none of them were black, despite being more qualified than white employees who were offered a job.
This violates Title VII of the Civil Rights Act, as it displays racial discrimination. The law protects employees and job applicants alike from discrimination.
The EEOC filed a discrimination lawsuit against the company on behalf of 7 black workers who were not hired. The case was settled with a consent decree, the firm paid $500,000 to the victims. Source
$ 705,000
7/14/2011
Elizabeth Williams v. Ciena Healthcare Management (Omni Continuing Care)
Elizabeth Williams worked as a respiratory therapy manager at nursing home operated by Omni Continuing Care.
In 2009, the Michigan Department of Community Health conducted an investigation at the facility, because of several reports of patient mistreatment, one which even led to the patient’s death. She cooperated with the Department of Health during the investigation, she did not cover-up any wrongdoing as the other employees did.
Williams was terminated after the investigation. She filed a wrongful termination lawsuit, since it’s illegal to fire an employee for participating in a federal investigation. The jury decided in her favor, and returned a verdict totaling $705,000 ($126,000 in back pay, $329,000 in future lost pay, and $250,000 in mental and emotional anguish). Source
$ 33,000
6/1/2016
EEOC v Kroger
Jarydith Mannella worked at a Kroger store in Howell as a stock person. She suffered a back injury in 2010, and to accommodate her condition, management moved her to a cashier position, which did not involve lifting any more.
However, 1 year later, she was moved back to the stockroom to become a stock person. She could not lift heavy items any more, and she was fired.
The Americans with Disabilities Act states that disabilities must be accommodated for, as long as it is possible. Since Mannella had already received the accommodation, taking it away and firing her violates the ADA.
The EEOC sued Kroger for wrongful termination, and the case was settled with a consent decree. Mannella received $33,000, and Kroger paid a further $49,000 to the Michigan Workers Compensation Bureau. Source
$ 115,000
9/19/2016
EEOC v Guardsmark Fired Security
Guardsmark is one of the biggest security companies in the country.
A security guard, Christopher Smith, working at one of the company’s guarded premises’ was fired in retaliation for his role in opposing sexual harassment. What happened was that one of the security personnel used the security cameras to zoom in on women’s private parts. Smith told one of the women what was happening, and she filed an internal sexual harassment complaint. The guard was fired 1 day later.
This violated Title VII, since he was wrongfully terminated in retaliation for his role in opposing sexual harassment. The EEOC sued the company on Smith’s behalf, and he eventually received a settlement of $115,000 through a consent decree. Source
$ 25,000
6/17/2011
Cassandra Smith v Hooters
Besides having to bide by federal employment laws, states have the right to enact their own legislation as well. Michigan is one of the very few states, that has a law prohibiting discrimination based on weight and height: the Michigan Elliott-Larsen Civil Rights Act as amended in 1976.
Cassandra Smith worked for Hooters, which employs attractive female waitresses. Smith gained some weight, and as a result, was placed on a 30-day weight probation. She resigned as a result.
She sued Hooters for violating Michigan’s Civil Rights Act for $25,000. Hooters chose to settle the case through arbitration. The exact amount is not known, but is most likely in the vicinity of Smith’s original claim. Source
$ 22,500
9/18/2017
EEOC v Sleneem Enterprises LLC
Amanda Corley worked for Tim Horton’s Cafe in Romulus, which is operated by Sleneem Enterprises.
The dress code of the cafe required all women to wear pants at work, however, because of her Pentecostal Apostolic religion, Corley had to wear a skirt. She even presented a letter from her pastor explaining the religion and it’s requirement of wearing skirts, but management did not accommodate her religion and fired Corley for not wearing pants.
This presents a clear case of religious discrimination in violation of Title VII. The EEOC filed a lawsuit against the company for wrongful termination based on religion, and a consent decree was reached. She received $22,500. Source
When examining this catalog of wrongful firing verdicts from Michigan, remember the fact that the bigger amounts of money are attributable to punitive compensation, which are rewarded to prevent companies from engaging in the same sort of wrongful conduct. Punitive damages are relatively infrequent. Most court cases settle for approximately twenty thousand to a couple of hundred thousand dollars.
Our selection of wrongful firing settlements in MI is meant for informative purposes. Even if you feel resemblance to any of these examples, keep in mind that every situation is different.
What is the average wrongful termination settlement in Michigan?
If you think that you were wrongfully terminated, it’s understandable that you would like to determine the amount of money you could get for your unlawful dismissal case.
In the event that you come to an agreement with the employer, the total amount you are given is largely dependant on these factors: benefits lost, medical expenses, reason of discharge, job search costs, mental anguish and lost earnings. Punitive damages could be awarded in rare cases, if the workplace acted egregiously.
As so you see from the example lawsuits described above, giving a median settlement for wrongful discharge claims in MI is actually challenging, since each individual case is unique.
The average wrongful termination settlement in Michigan is between $5,000 – $90,000.
Attorneys are usually helpful when it comes to negotiating a better settlement.
The average jury awards are usually higher, anywhere between $100,000 to $350,000. This is one reason why organizations choose to reach settlement out of court. Years of litigation, bearing its legal costs and maybe losing the court case in the end can certainly be expensive.
Filing a wrongful discharge or discrimination claim in Michigan
If you feel you had been discharged for an illegal reason, read on to find out what you should do.
First off, it is important to contact a wrongful termination attorney in Michigan to determine whether or not there is a case worth pursuing.
Ensure that you do not run out of time to submit the alleged claim, consider the Michigan statutes of limitations for wrongful dismissal.
Additionally, you are going to probably need to file a timely claim with the EEOC office in Detroit.
Here are the steps you should take to file a wrongful discharge lawsuit.
