Frequently asked questions

The questions I get asked most — answered in plain English.

A Michigan employment law FAQ for plaintiff-side questions about wrongful termination, discrimination, and retaliation. If your question isn’t here, that’s what the free 15-minute call is for. No question is too basic.

Topic 01

Do I have a case?

I was fired. Does that mean I have a case?

No. Most terminations in Michigan are at-will. You have a case only if the reason was itself unlawful (discrimination, retaliation, statutory violation, breach of contract). The question isn’t ‘was it fair’ — it’s ‘was it illegal.’

My employer said I’m “at-will.” Can I still sue?

Yes. At-will means your employer can fire you without a contractual reason — but it does not mean they can fire you for an illegal reason. Title VII, ADEA, ADA, FMLA, ELCRA all apply to at-will employees.

I don’t have documents. Do I still have a case?

Maybe. Documentary evidence is usually what makes cases strongest, but cases can be built on witness testimony, timing, comparator treatment, and the employer’s own records (available in discovery).

Is it too late? What’s the statute of limitations?

Varies by claim. Michigan WPA whistleblower: 90 days. Title VII/ADA/ADEA (EEOC charge): 300 days in Michigan. FMLA: 2 years (3 if willful). ELCRA: generally 3 years. Section 1981 race: 4 years. Call as soon as you can.

I signed a severance agreement already. Is there anything I can still do?

Maybe. Not all releases are enforceable. Releases that don’t meet specific statutory requirements — especially under OWBPA for age claims — can be voidable.

Topic 02

Working with me.

What does a free 15-minute call cover?

Screening call. I’ll ask three things: what happened, what evidence you have, what you’ve already tried. By the end, you’ll have a straight answer.

How much does it cost to hire you?

For most employment cases — wrongful termination, FMLA, pregnancy, ADA, race, gender, whistleblower, age — the firm works on contingency: no fee unless we recover. For non-compete defense, I bill hourly or flat-fee.

What’s a contingency fee?

The firm’s compensation is a percentage of what we recover for you. If we don’t recover, you don’t pay a fee. The specific percentage is set out in writing in the engagement letter before you sign.

Do I have to come to Michigan to work with you?

Not necessarily. Most intake calls are by phone or video. Your case must have jurisdiction somewhere I’m admitted — Michigan, Florida, or California state courts, or six federal districts in those states.

Topic 03

Non-compete specific.

I got a cease-and-desist letter from my old employer. What do I do?

Don’t sign anything they sent. Don’t agree to extensions of the restraint. Don’t delete anything. Get the agreement and their letter to a lawyer within days.

Can I just ignore the letter?

Generally no. Ignoring often accelerates the employer’s move to court. Responding through counsel, even with a short letter, usually buys time.

What does “blue-penciling” mean?

The court’s authority to narrow an over-broad non-compete to what’s reasonable, rather than invalidating it entirely. Under MCL 445.774a, Michigan courts have this power.

Michigan employment law FAQ — Astbury Law

Still have a question? Ask it on the call.

Free, confidential 15 minutes.