Probationary Period Rules in Michigan: Can You Be Fired?

Federal law does not regulate probationary periods directly, but several federal statutes apply to probationary employees. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from terminating probationary employees based on race, color, religion, sex, or national origin. The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., protects probationary employees with disabilities from discharge based on disability and requires reasonable accommodations during probation. The Age Discrimination in Employment Act, 29 U.S.C. § 621, protects probationary employees aged 40 and over from age-based termination. The Family and Medical Leave Act, 29 U.S.C. § 2601, requires covered employers to provide unpaid leave to eligible probationary employees without penalty or termination.

Title VII covers employers with 15 or more employees; the ADA covers employers with 15 or more employees; ADEA covers employers with 20 or more employees; FMLA covers employers with 50 or more employees within 75 miles of the worksite. Violations can result in back pay, front pay, compensatory damages, and in cases of intentional discrimination, punitive damages up to $300,000. The EEOC enforces Title VII, the ADA, and the ADEA. The DOL enforces FMLA.

Michigan Compiled Laws section 423.301 establishes that employment relationships are presumed to be at-will unless proven otherwise by written contract, statute, or clear and convincing evidence of an implied contract. Probationary periods are creatures of contract, not statute, meaning employers and employees are free to negotiate their terms. Michigan law does not mandate minimum or maximum probationary periods, does not require employers to provide probationary periods, and does not alter at-will status based on probation.

However, probationary status does NOT exempt employees from state and federal protections. Michigan Compiled Laws section 37.2701 et seq. (the Whistleblower Protection Act) protects all employees, including probationary ones, from discharge for reporting violations of law, refusing to participate in unlawful conduct, or exercising rights under OSHA. Michigan Compiled Laws section 37.1201 et seq. prohibits discharge or threat of discharge based on arrest or misdemeanor conviction (with narrow exceptions for bonded positions or positions requiring specific licenses). Michigan Compiled Laws section 29.2401 protects military service members on leave.

Michigan courts have recognized narrow public policy exceptions to at-will employment. Courts will not enforce discharge if it violates fundamental public policy, such as termination for refusing to commit a crime, exercising jury duty, voting, or filing a workers' compensation claim. These exceptions apply equally to probationary and permanent employees. Additionally, Michigan recognizes implied contract theories in limited circumstances where employer conduct or written policies (including employee handbooks) create enforceable expectations of continued employment or specific termination procedures.

Under Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.), employers with one or more employees cannot discriminate based on race, color, religion, national origin, sex, height, weight, or marital status. This is broader than federal Title VII (which requires 15 employees) and applies to probationary employees. Remedies include back pay, compensatory damages, and civil penalties up to $10,000 per violation. The Michigan Department of Civil Rights enforces this act, with a 180-day filing deadline (vs. federal 180/300 days).

Michigan's at-will employment doctrine is subject to several exceptions that protect probationary employees. First, discharge violating public policy is not enforceable. Public policy exceptions include: refusal to commit a crime, exercising jury duty, voting, filing a workers' compensation claim, serving on a jury, reporting illegal activity under the Whistleblower Protection Act, and exercising military leave. These exceptions apply regardless of probationary status.

Second, the Whistleblower Protection Act (MCL 37.2701) protects employees who report violations of federal, state, or local law, refuse to participate in unlawful conduct, or exercise OSHA rights. Probationary employees are fully protected. However, the act does not protect disclosure of attorney-client privileged information or trade secrets, and employers can respond to disclosures made in bad faith.

Third, Michigan's criminal records statute (MCL 37.1201) prohibits discharge based on arrest or misdemeanor conviction, with exceptions for jobs requiring bonded status, law enforcement, corrections, or specific licensure. Probationary status does not override this protection. Fourth, discrimination based on race, color, religion, national origin, sex, height, weight, or marital status (Elliott-Larsen Act) is illegal regardless of probation. Fifth, FMLA-eligible employees cannot be fired for taking protected leave, even during probation.

Sixth, at-will employment can be limited by written contract. If an employee handbook, employment agreement, or collective bargaining agreement specifies just-cause termination, probationary periods, or specific notice requirements, those become enforceable contractual terms. Implied contracts may arise from employer conduct or clear statements.

Seventh, federal protections (Title VII, ADA, ADEA) supersede at-will employment and apply to probationary employees. Eighth, military leave (USERRA) and state military leave (MCL 29.2401) cannot be grounds for termination. Ninth, union members may have contract-based protections during probation.

Step 1: Document Everything. Keep a detailed record of any adverse employment action during probation. Write down the date, time, what happened, who was involved, and what was said. Save performance reviews, written warnings, email communications, and meeting notes. If termination occurs, request a written explanation from your employer (in writing via email). Document any comments suggesting discriminatory intent, retaliation, or reference to protected activity (e.g., "you filed that complaint"). Take screenshots of timesheets, work assignments, and scheduling changes. If injured or sick, keep medical documentation and notices you gave the employer. Store all documents in a safe location outside the workplace.

Step 2: Understand Your Employment Agreement. Review any written employment contract, offer letter, or employee handbook provided by your employer. Note the stated probationary period length, any performance standards, grounds for termination, and dispute resolution procedures. If the handbook promises specific termination procedures or just-cause language, this may create an enforceable contract limiting at-will termination. If you did not receive a copy, request one in writing. Clarify whether the stated probationary period is administrative (HR records) or contractual (alters at-will status). Check whether any collective bargaining agreement applies if you are a union member.

Step 3: Internal Complaint Process (If Still Employed). If you are terminated during probation for a suspected illegal reason, contact your employer's HR department or designated manager in writing (email preferred) within 24-48 hours. State the specific facts: "On [date], I was terminated. This action appears to violate Michigan's Whistleblower Protection Act because [explain]." Keep a copy. Do not speculate, curse, or make threats. If your employer has a formal grievance process outlined in the handbook, follow it exactly, including all deadlines and steps. Request a written response. This step creates a paper trail and may prompt the employer to reconsider; it also helps an attorney assess whether notice was adequate. If still employed, explore whether the employer will allow you to address the matter before final termination.

Step 4: File with Michigan Department of Civil Rights (MDCR) or EEOC. Choose the appropriate agency based on the violation type. For discrimination (race, color, religion, national origin, sex, height, weight, marital status), file with the Michigan Department of Civil Rights within 180 days of termination. Visit www.michigan.gov/mdcr or call (517) 335-3165. You may also file a dual charge with the federal EEOC (eeoc.gov or 1-800-669-4000). For whistleblower retaliation under Michigan law (reporting illegal conduct, OSHA violations, refusing unlawful orders), file with the Michigan OSHA program (MIOSHA) at www.michigan.gov/miosha or call (517) 322-1817; however, federal OSHA whistleblower retaliation (Section 11(c), 29 U.S.C. § 660(c)) has a 30-day deadline, so file immediately. File the complaint with specific dates, job title, supervisor name, and detailed description of the termination and the protected activity. Include your employer's name, address, and size if known.

Step 5: Investigation and Settlement. Once filed, MDCR or EEOC will notify the employer and conduct an investigation, typically taking 30-90 days but sometimes longer. They will request documents, conduct witness interviews, and ask for the employer's response. Cooperate fully and provide any additional evidence. Many cases settle before full investigation completion. If a settlement offer is made, review it carefully with an attorney before accepting (you may waive future claims). If no settlement occurs, MDCR/EEOC will issue a determination. If they find probable cause of discrimination, you may proceed to a civil rights hearing or lawsuit. If they find no probable cause, you may request an administrative appeal or sue in court directly (you retain the right to sue within specified timeframes, typically one year from the right-to-sue letter).

Step 6: Legal Action. If administrative remedies do not resolve the matter, consult an employment attorney licensed in Michigan. An attorney can file a civil suit in Michigan state court or federal court, depending on the violation type and amount in controversy. For discrimination claims under the Elliott-Larsen Act, file in Michigan Court of Claims or state circuit court. For federal Title VII claims, file in federal district court. For wrongful termination based on public policy violations (e.g., whistleblowing not covered by statute), file in state circuit court. Remedies include back pay (unpaid wages from termination to judgment), front pay (lost future earnings), compensatory damages (pain, suffering, emotional distress), and in discrimination cases, civil penalties up to $10,000 per violation. Punitive damages may be available for intentional discrimination. An attorney will evaluate the strength of your case, statute of limitations (varies by claim type, typically 2-3 years), and available remedies.