Detroit Employment Law Blog

As a company owner or C-level executive, there may come a point when you're staffed with the responsibility of laying off an employee. This is never an easy thing to do, but it comes along with the territory.

Before you do anything, it's important to have a clear idea of the steps you'll take. Here are some questions you can answer to ensure that you have the right plan in place:

• How will you notify the employee that you are laying them off?
• Do you have a plan for dealing with the reaction of the employee, such as if they become angry?
• Have you reviewed your employee handbook to ensure that you're following the proper layoff procedures?
• Have you reviewed the employee's employment contract?
• Is the employee entitled to severance pay as a result of language in their contract? If not, will you offer it anyway?
• What types of resources and support will you offer the employee?
• Do you have a system in place for communicating this message in a compassionate manner?
• Does it make sense to have at least one other person in the room with you when discussing the layoff with the employee?

For many women and couples, starting a family requires much careful consideration, especially for families in which the woman works. One of the most common concerns is how the mother's decision to get pregnant might affect her career. In all 50 states, it is illegal to engage in workplace discrimination against pregnant women, but what does that truly mean?

We know that laws protecting workers are not always easy to understand. Using the Pregnancy Discrimination Act as our guide, we would like to highlight several things that your employer cannot do if you are pregnant. This should help you identify any workplace discrimination that occurs against you if you are working while you are pregnant. Our staff also wants you to know that your rights as a pregnant worker have both state and federal level protections.

• Your boss cannot fire you just because you are pregnant
• Your employers cannot treat you differently than they treat other workers
• Your boss cannot reduce your hours based solely on pregnancy
• Your superiors cannot allow you to suffer harassment because of pregnancy

Choosing to become a whistleblower is not an easy decision to make. Even in the best-case scenario, potential whistleblowers have thought long and hard about whether to speak out. Some of the things to consider if you're in this position include:

• The possibility that you may not remain anonymous
• The possibility that your employers may try to retaliate
• The possibility that you will lose your privacy

Retaliation on the part of an employer is one of the most disheartening byproducts of blowing the whistle. Although retaliation is 100% illegal, many angry employers still attempt to seek revenge against whistleblowers. Wrongful termination, in particular, is a common occurrence after an employee speaks out.

Unfortunately, workplace discrimination remains a big problem in Detroit and other U.S. cities. However, in the enlightened world of today, victims of discrimination know that they can take action against those who violate their rights. Understanding these rights often gives victims the courage to file a discrimination complaint.

Federal protections, including protection against retaliation, exist for those who file workplace discrimination complaints. However, many employers or managers still seek revenge against workers for filing a complaint. The problem for many victims is lacking certainty that retaliation is actually taking place. The Equal Employment Opportunity Commission (EEOC) provides several examples of retaliation as outlined below.

• Terminating or demoting a worker based on his or her workplace discrimination complaint
• Subjecting an employee to harassing comments or behavior after he or she filed a complaint
• Placing information in a worker's employee file about his or her efforts to seek a remedy against workplace discrimination
• Blocking a worker's right to seek promotion because he or she filed a discrimination claim
• Taking away a worker's right to the same company benefits (perks) that other employees enjoy
• Being openly hostile towards an employee who is pursuing a workplace discrimination claim