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What is wrongful termination in Michigan?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Michigan offers employees substantial protection through multiple recognized exceptions to at-will employment.

1. Implied Contract Exception — Toussaint

Toussaint v. Blue Cross & Blue Shield of Michigan, 408 Mich. 579 (1980), is one of the leading cases nationally. An employee handbook or oral assurance can create a legitimate expectation of just-cause employment when the employer's policies create such an expectation, even without a formal contract.

2. Public Policy Tort — Suchodolski

Suchodolski v. Michigan Consolidated Gas Co., 412 Mich. 692 (1982), recognized three categories of public policy claims:

  • Discharge for failing to violate the law (e.g., refusing to commit perjury).
  • Discharge for exercising a statutory right (e.g., filing workers' comp).
  • Discharge for reporting a violation of law (now overlaps with WPA).

    • 3. Elliott-Larsen Civil Rights Act — MCL 37.2202

    Prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, marital status, or sexual orientation/gender identity (added by Rouch World v. Dep't of Civil Rights, 510 Mich. 398 (2022)). Applies to employers with 1+ employees. 3-year SOL for direct civil action — no agency exhaustion required.

    4. Persons with Disabilities Civil Rights Act — MCL 37.1202

    Mirrors ADA for Michigan. 3-year SOL.

    5. Michigan Whistleblowers' Protection Act (WPA) — MCL 15.362

    Among the broadest in the nation. Protects employees who report violations of any federal, state, or local law to a public body. No requirement to give the employer prior notice. Damages: actual damages, costs, attorney's fees, and a civil fine up to $500. 90-day SOL — extremely short.

    6. Workers' Comp Retaliation — MCL 418.301(13)

    Prohibits retaliation; covered by Suchodolski.

    7. Bullard-Plawecki Employee Right to Know Act — MCL 423.501

    Allows employees to inspect personnel files, important for evaluating claims.

    8. WARN Act

    Federal WARN applies; no state WARN.

    9. Statute of Limitations

  • Public policy tort: 3 years.
  • Elliott-Larsen: 3 years (no agency exhaustion).
  • WPA: 90 days — file fast.
  • Toussaint contract: 6 years (written) or 6 years (Mich. CL).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You may have a Toussaint claim based on handbook language or oral assurances
    • You need to file a WPA claim within the very short 90-day window
    • You belong to a class added by recent Elliott-Larsen amendments (e.g., sexual orientation/gender identity)
    Related Statutes & Laws
    • MCL 37.2202
    • MCL 37.1202
    • MCL 15.362
    • MCL 418.301
    • MCL 423.501

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.