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Navigating At-Will Employment: A Guide for Michigan Business Owners

Understanding the principles of at-will employment is critical for Michigan business owners and employers. At its core, at-will employment allows for a flexible work environment where either the employer or the employee can terminate the employment relationship at any time, for any reason that is not illegal, or for no reason at all. However, this concept, while straightforward in theory, often becomes a complex field for employers to navigate in practice, fraught with potential misunderstandings and legal pitfalls. 

Understanding Employment At-Will and its Limitations

At-will employment is a foundational concept in Michigan’s employment law, allowing both employers and employees to terminate their employment relationship at any moment, for any legal reason, or even without providing a reason.

For employers, the at-will employment doctrine provides significant flexibility in managing their workforce. It allows them to respond swiftly to changing economic conditions, business needs, and employee performance without the procedural hurdles associated with contractual terminations. However, this freedom comes with the responsibility to ensure that terminations do not violate applicable laws. Yes, there are limitations on the at-will employment doctrine.

Federal and state laws, along with judicial interpretations, have carved out exceptions that restrict the ability of employers to terminate employment at will. Understanding these exceptions is crucial for employers to navigate to avoid legal pitfalls within the employment landscape.

Statutory Exceptions

Federal and State Anti-Discrimination Laws: These laws constitute one of the most significant limitations on at-will employment. Employers cannot terminate employees based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. Michigan’s Elliott-Larsen Civil Rights Act further expands these protections, including sexual orientation and marital status among the protected characteristics.

Whistleblower Protections: Both federal and state statutes protect employees who report illegal activities or violations of public policy. In Michigan, the Whistleblowers’ Protection Act provides that an employer cannot retaliate against an employee for reporting a suspected violation of a law, regulation, or rule promulgated by public bodies.

Public Policy Exceptions

Michigan recognizes the public policy exception to at-will employment, albeit narrowly. This exception applies when an employee’s termination would violate explicit public policy sources, such as state laws or constitutional provisions. For example, terminating an employee for filing a workers’ compensation claim would be against Michigan’s public policy and, therefore, illegal.

Implied Contract Exceptions

An employer’s policies, practices, or statements can inadvertently create an implied contract that modifies the at-will relationship. Michigan courts have found that certain employer actions, such as promises of continued employment in an employee handbook or during performance reviews, can create enforceable expectations of job security. To mitigate this risk, employers should clearly communicate that their policies do not constitute a contract of employment and that the at-will relationship is retained, ideally with explicit disclaimers in written documents.

Mitigating Risks

As with most legal issues, the best way to prevent a dispute with a terminated at-will employee is to be proactive and establish sound employment policies and practices for your business.

Strategies for Documenting Employment Decisions

The importance of maintaining accurate and comprehensive records of employment decisions cannot be overstated. Detailed documentation can serve as crucial evidence in defending against wrongful termination claims or other legal challenges. Employers are advised to:

  • Document Performance Issues and Disciplinary Actions: Keep a clear record of any performance issues, including dates, specific problems, and steps taken to address these issues. This documentation should also cover any disciplinary actions taken, providing a clear rationale for each decision.
  • Establish Clear Policies and Procedures: Ensure that all company policies and procedures related to employment decisions are well-documented, consistently applied, and communicated to all employees. This includes policies on attendance, performance evaluations, and grievance procedures.
  • Document Employment Termination Decisions: Document the reasons for termination decisions, including the specific circumstances and any preceding events that led to the decision. This record should be factual, objective, and free of any language that could be interpreted as discriminatory or retaliatory.

Best Practices for Termination Processes

A fair and respectful termination process not only minimizes legal exposure but also preserves the dignity of the employee involved. Employers should consider the following best practices:

  • Conduct Termination Meetings with Care: Hold termination meetings in a private setting and, if possible, have a witness present. Clearly communicate the reasons for the termination, focusing on factual and objective criteria.
  • Provide Notice Where Feasible: Although not required under at-will employment, providing notice of termination when possible can help ease the transition for the employee and reduce the likelihood of legal disputes.
  • Offer Support and Resources: Providing information on unemployment benefits, outplacement services, or other support mechanisms can help mitigate the negative impact of the termination.

The Role of Severance Agreements 

Severance agreements, when structured properly, can offer benefits to both the employer and the employee. These agreements often include a release of claims against the employer, providing an additional layer of legal protection. In exchange, the employee receives compensation or benefits beyond what they might be entitled to under company policy or law. To ensure these agreements are enforceable, they must be drafted carefully, with clear language and in compliance with applicable laws.

Consulting with Experienced Legal Counsel

Seeking counsel from an experienced employment lawyer is crucial for mitigating risks. Here are a few ways a lawyer can help ensure your business has compliant and effective policies related to at-will employment:

  • Drafting and Reviewing Employment Documents: An experienced lawyer can ensure that your employment contracts, handbooks, and policies are up to date, compliant with current laws, and crafted to preserve the at-will nature of employment while minimizing the risk of implied contract claims.
  • Navigating Termination and Disciplinary Actions: Legal counsel can guide employers through the process of terminating an employee, advising on best practices to reduce the likelihood of wrongful termination lawsuits. This includes how to document performance issues, conduct termination meetings, and handle severance agreements.
  • Developing Training Programs: Lawyers can also assist in developing training programs for managers and HR personnel on the legal aspects of hiring, managing, and terminating employees. This training can help prevent actions that might inadvertently lead to discrimination, retaliation, or wrongful termination claims.

Incorporating legal advice into your employment practices not only helps in navigating complex situations but also in proactively addressing potential legal issues before they escalate into costly disputes.


Understanding at-will employment in Michigan is crucial for business owners. It’s about balancing the freedom to manage your team with the need to follow the law closely. Keeping good records, handling firings carefully, and getting advice from legal experts are key steps to avoid problems. Navigating at-will employment responsibly ensures that your business stays compliant and fosters a positive and legally sound environment for all your employees. 

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