Contact Us Now For A Free Initial Consultation
Contact Us Now For A Free Initial Consultation
Most employees are “at-will employees.” This means that employers have discretion in demoting or terminating employees, and do not have to have a reason. However, an employer cannot take any adverse action against an employee for an illegal reason. Illegal reasons include discrimination. State and federal laws prohibit discrimination on the basis of:
If you believe you have been terminated, demoted or have experienced some kind of negative action at your job due to any of the above reasons, you need to speak with experienced employment discrimination lawyers.
At Fagan McManus, P.C., our lawyers have represented clients in many employment discrimination claims. Attorney Barry Fagan brings more than 30 years of legal experience to his clients. Our lawyers have dedicated their careers to protecting the rights of employees. Our dedication and experience have produced successful results and several honors.
Mr. Fagan has been selected for inclusion in Michigan Super Lawyers list, and Mr. Fagan and Ms. McManus have also been selected for inclusion in the “Best Lawyers in America” in the field of labor and employment law.
Employers will never admit to discriminating against an employee. In most cases, employers will claim that an employee was fired for performance reasons rather than discrimination. They will hire a team of lawyers to defend their actions. It is critical that you hire your own team of experienced employment law lawyers who will diligently investigate your case and be powerful litigators on your behalf in the courtroom. We have represented clients in state and federal courts across Michigan, and are fully prepared to do so for you.
If you experience unlawful discrimination in Michigan, you may have grounds for a legal claim under both federal and state law. Federal discrimination claims often fall under Title VII, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA). State discrimination claims often fall under the Elliott-Larsen Civil Rights Act or the Persons with Disabilities Civil Rights Act.
Our Royal Oak-based attorneys can review your case and explain which laws apply to your situation. We can also help you decide whether a formal claim makes sense and, if so, make sure you understand what comes next.
You often can’t file a lawsuit for workplace discrimination without going through the right administrative process first. In most cases, that means starting with a charge of discrimination. You file this charge with either the Equal Employment Opportunity Commission (EEOC) at the federal level or the Michigan Department of Civil Rights (MDCR) at the state level. These agencies work together, so a charge with one usually counts as a charge with both.
To start your case, you’ll need to file the charge within the right deadline. The filing window usually begins on the date when the discrimination happened. Your charge itself must present specific facts, including what happened, when it happened, who was involved, and why you believe discrimination played a role.
The Royal Oaks employment lawyers of Fagan McManus, P.C., can help you by drafting your charge(s) with care, including all the details that matter and supporting your claim from the start. If there’s a deadline approaching or a tough call to make about which agency to use, we’ll guide you through that, too.
After you file the charge, the relevant agency will notify your employer. They may offer mediation to see if both sides want to settle. If not, the agency will initiate a formal investigation, which may include written questions, interviews, or requests for documents. Your employer will have a chance to respond and will likely try to justify their actions. The agency will then decide whether to issue a finding of cause (discrimination likely occurred) or no cause (there is not enough evidence to support the claim).
If the agency believes discrimination likely happened, it may try to settle the case itself. If not, it may close the file and issue a Right to Sue letter. That letter is what gives you permission to file a lawsuit in court. In many cases, the agency will issue a Right to Sue letter without making a decision either way.
During this time, our attorneys will keep track of the process and continue to prepare your case behind the scenes. We can handle agency inquiries and employer communications or step in during mediation if necessary. If the agency issues a Right to Sue letter, we’ll be ready to move forward without delay.
If the agency gives you a Right to Sue letter, you’ll have a limited time to file in court. For federal claims, the deadline is usually 90 days from the date on the letter. In some cases, you may also have the option to file a state-level claim in court. That could mean more time and different rules, but you’ll still need to move quickly.
Lawsuits take time and effort, but they may be the best option for demanding justice. A successful case could result in compensation for lost wages, job reinstatement, or emotional harm. Not every case goes to trial, but it’s always best to have a strong legal strategy from the beginning just in case.
The Royal Oak employment lawyers at Fagan McManus, P.C., can handle every aspect of discrimination lawsuits, from filing initial complaints to presenting arguments in court. We focus on building strong claims backed by evidence and don’t hesitate to stand up to employers who try to avoid accountability.
Call 248-542-6300 or send us an email now. We offer a free initial consultation to discuss your case.
