The questions below are the ones I get most often in free case evaluations. If you don’t find your question here, the fastest way to get an answer is to call 814-821-1140 or request a free case evaluation →.

Do I have a case?

How do I know if I was “wrongfully terminated” under Michigan law?

Michigan is an at-will employment state, which means your employer can legally fire you for a bad reason, no reason, or a reason based on a misunderstanding of the facts — as long as the reason itself isn’t illegal under federal or state law. A termination is legally wrongful when it’s connected to a protected category (race, gender, pregnancy, disability, age, religion, national origin, sexual orientation, gender identity) or a protected activity (reporting discrimination or harassment, requesting FMLA leave, asking for a reasonable accommodation, whistleblowing, filing a workers’ comp claim). If your termination doesn’t fit one of those categories, it was probably lawful — even if it was unfair.

I feel like I was discriminated against, but I don’t have direct proof. Do I still have a case?

Probably yes. Employers almost never admit discrimination. Most cases are proven circumstantially — through comparator evidence (showing others were treated differently), shifting or inconsistent employer rationales, pre-termination performance records inconsistent with the stated reason, and timing. Direct evidence (a supervisor saying “I fired you because of your race”) is rare. Circumstantial evidence, handled well, carries the same legal weight.

How much evidence do I need to sue?

Enough that a jury could find in your favor — not more. Specifically, you need documents, emails, texts, witnesses, or a timeline that supports your theory. A written complaint (or written request, or written FMLA application), followed closely by an adverse action, combined with comparator evidence or a weak employer rationale, is often enough. A feeling or a hunch is not enough. At the consultation, I’ll ask the questions that surface what you actually have.

I’m still employed. Can I do anything now?

Possibly, but most of my practice is focused on post-termination cases. If you’re currently employed and believe you’re experiencing discrimination or retaliation, the single most important thing you can do is document: put complaints, concerns, and requests in writing; save copies; note witnesses. If your employer escalates or terminates you, that documentation will become central evidence. A free case evaluation can help you think through documentation strategy even if you’re not ready to sue.

My employer has fewer than 15 employees. Am I out of luck?

Often no. While Title VII and the ADA require 15 or more employees, Michigan’s Elliott-Larsen Civil Rights Act applies to employers with one or more employees. Michigan’s Persons with Disabilities Civil Rights Act also covers small employers. Section 1981 (for race cases) has no size limit, and Michigan’s Whistleblowers’ Protection Act covers all employers regardless of size. Small-employer cases typically rely on state-law claims; federal claims require larger employers.

What does it cost?

How do you get paid?

I handle most employment cases on a contingency fee basis where appropriate — meaning you don’t pay attorney’s fees unless we recover money for you. The specific percentage depends on the case and is set out in the engagement agreement. Some case types (non-compete defense, for example) work better on hourly or hybrid fee arrangements; we’ll discuss what makes sense for your situation in the consultation. Costs (filing fees, deposition costs, expert witnesses) are generally handled case-by-case.

What about out-of-pocket costs?

Litigation costs — court filing fees, deposition transcripts, expert witness fees, and similar expenses — accumulate over the life of a case. How these are handled is part of the engagement agreement discussion.

Is the initial consultation really free?

Yes. The initial call or video meeting is free and runs 15–30 minutes. There’s no obligation. You can call and ask whether you have a case without paying.

If the employer is required to pay my attorney’s fees when I win, why do I pay a percentage?

Federal discrimination statutes (Title VII, ADA, ADEA, FMLA, and many others) all have fee-shifting provisions — meaning the employer pays attorney’s fees if you win. However, the contingency fee is a separate arrangement that applies when the case settles (as most do) and that covers the work through the entire matter. The exact interaction between fee-shifting statutes and contingency arrangements varies case by case and is part of the engagement discussion.

How does this work?

What happens in the free case evaluation?

We talk — by phone or video — for 15–30 minutes. You tell me what happened. I ask the follow-up questions that matter: the timeline, the evidence, the people, the documentation. At the end, I give you an honest assessment: whether I think you have a case I’d take on, and if not, where else you might turn. If I think we should work together, we talk through strategy and fees.

How long does an employment case take from start to finish?

Most employment cases take 12 to 24 months from engagement to resolution. Some settle faster (particularly when the evidence is strong and the employer’s exposure is clear). Some take longer (particularly if they go to trial or if the employer litigates aggressively). The biggest variables: the complexity of the facts, the employer’s posture, and whether the case settles at mediation or goes to trial.

Do all employment cases go to trial?

Most don’t — about 5–10% of civil cases reach a jury. But cases settle for fair value only when the other side believes the plaintiff’s lawyer will actually try the case. Employers’ insurers pay closer attention when they know who’s on the other side — and that’s why trial experience matters even in cases that never reach trial. I’ve tried 50+ cases to verdict; that history is part of what shapes settlement discussions.

What’s the EEOC process and do I have to go through it?

For federal claims (Title VII, ADA, ADEA), yes — you must file a “Charge of Discrimination” with the EEOC (or the Michigan Department of Civil Rights, the state counterpart) before filing a lawsuit. The charge must be filed within 300 days of the discriminatory act in Michigan. The EEOC investigates, attempts mediation, and eventually issues either a “cause” or “no cause” determination along with a Notice of Right to Sue. You then have 90 days from that notice to file in federal court. Michigan state-law claims (ELCRA, PDCRA, WPA) generally don’t require EEOC filing. I typically handle the EEOC process as part of the representation.

Do I have to file with the EEOC before I talk to a lawyer?

No — call a lawyer first. The charge itself needs to be drafted carefully because it frames the claims going forward. I’d rather talk with a prospective client before the EEOC charge is filed so we can make sure it contains the right information.

What are my deadlines?

They vary by claim type and can be short:

Title VII / ADA / ADEA EEOC charge — 300 days in Michigan
Michigan ELCRA — 3 years
FMLA — 2 years (3 if willful)
Michigan Whistleblowers’ Protection Act — 90 days
OSHA Section 11(c) — 30 days
Sarbanes-Oxley (SOX) — 180 days with OSHA
Section 1981 (race) — typically 4 years under the 1991 amendments

Missed deadlines forfeit claims. Don’t rely on this page to calculate yours — call.

What evidence matters most?

What should I save and what should I bring to a consultation?

If you can, gather:

Your full employment history at this employer (dates, titles, salary, any promotions)
Performance reviews, written feedback, awards, commendations
Your written complaint, request, or report (and any responses)
Emails and text messages relevant to what happened
Your termination letter or separation documentation
Your employment agreement, offer letter, or employee handbook
Names and contact information for potential witnesses
A timeline of events, in your own words

You don’t need to have any of this organized perfectly before we talk. Even partial information is helpful.

Is it legal for me to take copies of workplace documents?

This is fact-specific. Personal emails and texts from your own accounts, and documents you were given during your employment, are generally yours to keep. Company-confidential information (customer lists, trade secrets, proprietary documents) raises harder questions. The safest course: keep what was already in your possession before termination, and don’t download or take new confidential material on your way out. We’ll sort through this together if needed.

Should I record conversations with my employer?

Michigan is a one-party consent state for audio recording, meaning you can legally record a conversation you’re a party to. But recording workplace conversations often backfires — employers find out, employees get fired for policy violations, and trial judges can be skeptical of recorded employer statements. My general advice: document in writing through email, text, or HR submissions. Those generate the kind of evidence that works cleanly at trial.

About the firm

Where is your office?

607 Shelby Street, 7th Floor, #1115, Detroit, MI 48226. Downtown Detroit, near the federal courthouse.

Do you represent employers?

No. Astbury Law represents Michigan employees only — never employers. This is a firm-wide policy, not a case-by-case decision.

Do you handle cases outside Michigan?

Generally no. My practice is Michigan-focused. The only exception is specific pro hac vice matters I may handle in other jurisdictions on a case-by-case basis — but the core practice is Michigan employment law.

Do you speak Spanish or offer non-English services?

Currently, the practice operates in English. If language is a barrier for a consultation, call anyway — we can usually work it out, and I can refer out to a firm with the right language capability if that makes more sense for your case.

Ready to talk?

Schedule a Free Case Evaluation →

Or call 814-821-1140 directly.

Astbury Law, PLLC 607 Shelby Street, 7th Floor, #1115 Detroit, MI 48226 814-821-1140 · warren@astburylaw.com

Past results do not guarantee future outcomes. The information on this page is for general educational purposes and is not legal advice. No attorney-client relationship is created by reading this page or submitting a form.