Wrongful Termination?

[Mmurav2019]

Michigan.

I was hired in April of 2018 as a Human Resource Generalist at a Automotive Supplier. In September 2018 I started dating an Engineer that worked for the same company, but at a different facility. It should be known that my company does not have a policy against dating, nor am I in anyway responsible for her job. I work in a different facility.

It should also be known that we are a gay couple. After about a month or so we decided that we needed to be professional and let our bosses know the situation and neither seemed to have any issue with it since there was no policy and we were in different facilities.

After that is where things went down hill for me. My boss became less and less communicative, she didn’t answer my phone calls, emails weren’t being returned in a normal amount of time, I would go to the other facility to try to talk and she was very dismissive.

In October I had a mid year review and it was actually a decent review. About two weeks later I had a meeting with the general manager regarding things that were in the review that was supposed to have been put into place right then and had not. And about the issues with response time and stuff like that. Also should mention I have never been written up for anything or reprimanded. No PIP’s or anything.

Since then it’s been zero communication, my emails will get responded to sometimes days later and she is still very dismissive like she doesn’t want me in her office (boss).

We have a shared calendar, last week I went to see if she was available since she wasn’t answering my calls and noticed she had a interview for a HR Generalist. Then noticed that there was an offer letter for him for my position with a start date of 2/25/19.

I feel like this is all because I am gay since my performance isn’t an issue.

Thoughts?

 

[LdiJ]

Michigan.

I was hired in April of 2018 as a Human Resource Generalist at a Automotive Supplier. In September 2018 I started dating an Engineer that worked for the same company, but at a different facility. It should be known that my company does not have a policy against dating, nor am I in anyway responsible for her job. I work in a different facility.

It should also be known that we are a gay couple. After about a month or so we decided that we needed to be professional and let our bosses know the situation and neither seemed to have any issue with it since there was no policy and we were in different facilities.

After that is where things went down hill for me. My boss became less and less communicative, she didn’t answer my phone calls, emails weren’t being returned in a normal amount of time, I would go to the other facility to try to talk and she was very dismissive.

In October I had a mid year review and it was actually a decent review. About two weeks later I had a meeting with the general manager regarding things that were in the review that was supposed to have been put into place right then and had not. And about the issues with response time and stuff like that. Also should mention I have never been written up for anything or reprimanded. No PIP’s or anything.

Since then it’s been zero communication, my emails will get responded to sometimes days later and she is still very dismissive like she doesn’t want me in her office (boss).

We have a shared calendar, last week I went to see if she was available since she wasn’t answering my calls and noticed she had a interview for a HR Generalist. Then noticed that there was an offer letter for him for my position with a start date of 2/25/19.

I feel like this is all because I am gay since my performance isn’t an issue.

Thoughts?

On the face of things it is coincidental that things seemed to go downhill right after your confession of dating another employee of the same gender. However, you probably would want to get a consult with a local employment attorney to get a better feel for whether this would be considered a viable case for illegal discrimination.

 

[BuyLowSellHigh]

In the state of Michigan: "In general, an employer can discharge an employee for a good reason, bad reason, or no reason at all."

Maybe they didn't like your shirt color, thought your hair was too long, prefer blondes, don't like your cologne, don't like employees dating other employees, or one of thousands of other reasons that people are fired. I once fired an employee because she didn't get along with a manager and the drama caused by the manager was detrimental to my business. Her being fired had nothing to do with her performance.

 

[quincy]

In the state of Michigan ...
... Maybe they ... decided to fire overweight people, don't like employees dating other employees, or one of thousands of other reasons that people are fired. I once fired an employee because she didn't get along with a manager and the drama caused by the manager was detrimental to my business. Her being fired had nothing to do with her performance.

Under Michigan's Elliot Larsen Civil Rights Act, weight is a protected class. Depending on the location in Michigan, gender identity is also protected.

If Mmurav is fired, a consultation with an attorney in Michigan would be smart.

 

[Zigner]

It probably would have been helpful for BuyLowSellHigh to cite the source of the information, and also given the complete information, instead of just plagiarizing the portion that s/he felt would bolster his/her contention.

https://www.michigan.gov/documents/FAQ_160174_7.pdf

What protection does an employee have from termination by his or her employer?
In general, an employer can discharge an employee for a good reason, bad reason, or no reason at all. An employee may challenge his/her discharge if it was based on discriminatory action specifically protected by statute. For example, an employer may not discriminate against an employee based on race, color, gender, religion, national origin, disability, protected union activity, age, or any other “protected category.” If an employee belongs to a union, he/she may have a contractual right to be discharged only for “just cause.” A union may challenge a discharge pursuant to the grievance/arbitration provision of the collective bargaining agreement.

 

[quincy]

It probably would have been helpful for BuyLowSellHigh to cite the source of the information, and also given the complete information, instead of just plagiarizing the portion that s/he felt would bolster his/her contention.

https://www.michigan.gov/documents/FAQ_160174_7.pdf

What protection does an employee have from termination by his or her employer?
In general, an employer can discharge an employee for a good reason, bad reason, or no reason at all. An employee may challenge his/her discharge if it was based on discriminatory action specifically protected by statute. For example, an employer may not discriminate against an employee based on race, color, gender, religion, national origin, disability, protected union activity, age, or any other “protected category.” If an employee belongs to a union, he/she may have a contractual right to be discharged only for “just cause.” A union may challenge a discharge pursuant to the grievance/arbitration provision of the collective bargaining agreement.

Weight has been added.

 

[Zigner]

Yes, that is actually mentioned farther down in the same document:

The Michigan Department of Civil Rights is a state agency that investigates claims of discrimination based on race, color, religion, national origin, gender, age, marital status, height, weight, disability, arrest record, and other protected categories.

 

[quincy]

Yes, that is actually mentioned farther down in the same document:

The Michigan Department of Civil Rights is a state agency that investigates claims of discrimination based on race, color, religion, national origin, gender, age, marital status, height, weight, disability, arrest record, and other protected categories.

I thought it was there somewhere.

 

[Ohiogal]

Yep. I wrote my law school dissertation on weight discrimination.

 

[quincy]

Yep. I wrote my law school dissertation on weight discrimination.

Weight discrimination was an important addition to Michigan's law.

Although discrimination based on gender identity and sexual orientation was not previously prohibited in Michigan under the Civil Rights law, several cities in Michigan enacted laws years ago that prohibited this type of discrimination, and several businesses in Michigan included gender identity and sexual orientation in their discrimination policies.

Last summer, the Michigan Civil Rights Commission issued a new interpretation of "sex" in the Elliot Larsen Act, with sex redefined to include sexual orientation and gender identity. The EEOC has recently been interpreting "sex" in the same way.

At any rate, Mmurav probably would benefit from speaking to a Michigan lawyer if fired.