🇺🇸 Michigan Termination Laws — 2026 UPDATE

MichiganTermination Laws 2026: Wrongful Termination, Final Pay & WARN Act

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Michigan, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Michigan Termination Laws 2026

Table of Contents

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Introduction

Michigan is an at-will employment state. State law provides protections governing wrongful termination, final paycheck deadlines, and employer obligations during mass layoffs, primarily through the Elliott-Larsen Civil Rights Act (ELCRA), the Persons with Disabilities Civil Rights Act (PWDCRA), the Payment of Wages and Fringe Benefits Act, and the Whistleblowers’ Protection Act. Michigan does not have a state-level WARN Act that mandates advance notice for mass layoffs; the federal WARN Act applies to covered Michigan employers. At the federal level, protections under Title VII of the Civil Rights Act, the ADA, the ADEA, the WARN Act, and the Family and Medical Leave Act (FMLA) apply to Michigan employees. This page compiles current termination law requirements from the Michigan Department of Labor and Economic Opportunity (LEO), the Michigan Department of Civil Rights (MDCR), and the U.S. Department of Labor.

Quick Reference — Michigan Termination Law Snapshot

Michigan Termination Law Snapshot
Category Michigan
Employment Doctrine At-Will
At-Will Exceptions Recognized Public Policy; Implied Contract
Final Paycheck — Involuntary Termination Immediately (as soon as amount can with due diligence be determined)
Final Paycheck — Voluntary Resignation Next regularly scheduled payday for the period in which termination occurs
PTO Payout Required at Termination Only if employer’s written contract or written policy provides for it
State WARN Act (Mini-WARN) No — Federal WARN Act only
State WARN Threshold N/A — Federal: 100 employees
State WARN Notice Period N/A — Federal: 60 days
Severance Pay Required by State Law No
State Whistleblower Statute Yes — Whistleblowers' Protection Act, MCL 15.361–15.369
Service Letter Law No
Filing Agency for Termination Claims Michigan Department of Civil Rights (MDCR); Michigan LEO Wage and Hour Division; EEOC
Information Current As Of March 2026

Sources: Michigan LEO — Wage and Hour Division: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour · Michigan Department of Civil Rights: https://www.michigan.gov/mdcr · U.S. DOL Termination: https://www.dol.gov/general/topic/termination

At-Will Employment in Michigan

Is Michigan an At-Will Employment State?

Michigan follows the at-will employment doctrine under established common law. Either the employer or the employee may end the employment relationship at any time, for any lawful reason, or for no reason at all, without advance notice. The Michigan Department of Labor and Economic Opportunity confirms this as the default rule governing most private-sector employment relationships in the state. For information on how at-will doctrine applies nationally, see the At-Will Employment federal guide.

Exceptions to At-Will Employment in Michigan

Michigan recognizes two primary common law exceptions to the at-will rule. The state does not recognize the implied covenant of good faith and fair dealing as a limitation on at-will employment.

Public Policy Exception — Michigan courts recognize the public policy exception to at-will employment. Termination is unlawful when it violates a clear mandate of public policy. The leading case establishing this doctrine is Suchodolski v Michigan Consolidated Gas Co, 412 Mich 692 (1982), in which the Michigan Supreme Court recognized that an at-will employee may not be discharged in violation of a clearly established public policy. Examples of terminations that may violate public policy include discharging an employee for filing a workers’ compensation claim, for refusing to commit an illegal act, for exercising a statutory right, or for reporting a violation of law to a public body. The Payment of Wages and Fringe Benefits Act, MCL 408.483, also expressly prohibits retaliation against employees who file a wage complaint or assert rights under that act. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978

Implied Contract Exception — Michigan recognizes the implied contract exception. An employment contract may be written, oral, or implied. In Toussaint v Blue Cross & Blue Shield, 408 Mich 579 (1980), the Michigan Supreme Court established that employer statements in personnel manuals or policies, if specific enough, may create an enforceable promise to terminate only for just cause. Oral promises, written representations in employee handbooks, or consistent employer conduct may similarly create an implied employment contract limiting termination.

Good Faith and Fair Dealing Exception — Michigan does not recognize the implied covenant of good faith and fair dealing as a limitation on at-will employment in the private sector. Source: Michigan common law; Michigan Department of Labor and Economic Opportunity, https://www.michigan.gov/leo

At-Will Exceptions in Michigan
At-Will Exception Recognized in Michigan? Legal Basis
Public Policy Yes Suchodolski v. Michigan Consolidated Gas Co, 412 Mich 692 (1982)
Implied Contract Yes Toussaint v. Blue Cross & Blue Shield, 408 Mich 579 (1980)
Good Faith & Fair Dealing No Not recognized in Michigan

Wrongful Termination in Michigan

What Constitutes Wrongful Termination in Michigan?

Wrongful termination in Michigan occurs when an employer terminates an employee in violation of federal or state law, public policy, or an employment contract. Michigan law provides protections beyond the federal baseline through the Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act, both administered by the Michigan Department of Civil Rights.

Federal Protected Classes (apply in Michigan)

Federal law prohibits termination based on: race, color, national origin, sex, religion (Title VII — employers with 15 or more employees); age 40 or older (ADEA — employers with 20 or more employees); disability (ADA — employers with 15 or more employees); pregnancy (Pregnancy Discrimination Act); and genetic information (GINA). Source: https://www.eeoc.gov/discrimination-type

State Protected Classes — Elliott-Larsen Civil Rights Act

Michigan provides substantially broader anti-discrimination protections than federal law through the Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., as amended by 2023 PA 6, effective February 13, 2024. ELCRA prohibits employment discrimination based on: religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, and marital status. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2102

Height, weight, marital status, sexual orientation, and gender identity or expression are protections unique to Michigan state law that do not exist under federal employment discrimination statutes. The LGBTQ+ protections were codified into ELCRA effective February 13, 2024, following a 2022 Michigan Supreme Court ruling and subsequent legislation (2023 SB 4). Source: https://www.michigan.gov/mdcr/news/releases/2023/03/16/elcraupdate

Persons with Disabilities Civil Rights Act

The Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101 et seq., prohibits discrimination in employment on the basis of disability unrelated to the individual’s ability to perform job duties. The PWDCRA defines “employer” as a person with one or more employees — covering all Michigan employers regardless of size, unlike the federal ADA threshold of 15 employees. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-1201

Employer Size Thresholds — Michigan
Statute Minimum Employer Size
Federal — Title VII, ADA, GINA 15 employees
Federal — ADEA 20 employees
Michigan ELCRA 1 employee
Michigan PWDCRA 1 employee

Filing Agency: Both ELCRA and PWDCRA are enforced by the Michigan Department of Civil Rights (MDCR). Source: https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction

For a comprehensive overview of wrongful termination claims, see What Is Wrongful Termination?

Statute of Limitations for Wrongful Termination Claims in Michigan
Claim Type Time Limit Filing Agency
Federal discrimination (Title VII, ADA, ADEA) 300 days (Michigan is a deferral state — MDCR worksharing agreement with EEOC) EEOC
State discrimination — ELCRA / PWDCRA (administrative) 180 days from act of discrimination MDCR
State discrimination — ELCRA / PWDCRA (civil action) 3 years State circuit court
Breach of contract (implied or written) 6 years (written contract); 3 years (oral contract) State circuit court
Public policy violation 3 years State circuit court
Whistleblower retaliation — WPA 90 days State circuit court
Wage claim — Payment of Wages and Fringe Benefits Act 12 months from alleged violation Michigan LEO Wage and Hour Division
Sources: MDCR jurisdiction and complaint filing — https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction · Michigan LEO Statute of Limitations — https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/statute-of-limitations · EEOC filing — https://www.eeoc.gov/filing-charge-discrimination

Michigan is a deferral state, meaning that an MDCR worksharing agreement with the EEOC extends the federal filing deadline for Title VII, ADA, and ADEA charges to 300 days rather than 180 days. Source: https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction

Final Paycheck Laws in Michigan

Types of Employment Separation in Michigan

The rules governing final pay, PTO payout, and unemployment eligibility vary depending on the type of employment separation.

Types of Employment Separation in Michigan
Separation Type Definition Final Pay Impact Unemployment Eligibility
Fired / Discharged Employer ends employment for cause or without cause Immediately — as soon as amount determinable Generally eligible unless fired for misconduct
Laid Off / Reduction in Force Employer ends employment for business reasons Immediately — same rule as discharge Generally eligible
Voluntary Resignation Employee quits Next regularly scheduled payday for the period Generally not eligible (exceptions for good cause)
Constructive Discharge Employee resigns due to intolerable conditions Treated as involuntary termination for legal purposes May be eligible if conditions meet state standard
Mutual Agreement / Contract End Both parties agree to end employment Determined by contract terms; statutory deadline applies Depends on circumstances

When Is the Final Paycheck Due in Michigan?

Under the Payment of Wages and Fringe Benefits Act, MCL 408.475, the final paycheck deadline depends on the type of separation.

Final Paycheck Deadlines in Michigan
Termination Type Final Paycheck Deadline Citation
Involuntary termination (fired / laid off) Immediately — as soon as the amount can with due diligence be determined MCL 408.475(2)
Voluntary resignation On the next regularly scheduled payday for the period in which the termination occurs MCL 408.475(1)
Employee on contract (amount not determinable at termination) Estimated wages paid on regular payday; final payment at contract termination MCL 408.475(3)
Agricultural hand harvesting — voluntary resignation As soon as determinable, no later than 3 days after voluntary termination MCL 408.475(1)
Source: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-408-475

The statute requires that discharged employees receive all wages earned and due “immediately” — construed to mean as soon as the amount can be calculated with due diligence. Employers are not permitted to delay payment of final wages pending return of company property. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978

What Must Be Included in the Final Paycheck?

Under the Payment of Wages and Fringe Benefits Act, the final paycheck must include:

  • All earned wages through the last day of work
  • Accrued overtime
  • Earned commissions (if determinable by the regular payday)
  • All wages as defined in MCL 408.471, including salaries, fees, and other agreed-upon compensation

Permitted deductions include taxes and court-ordered withholdings. Michigan law does not authorize deductions from final wages for unreturned company property, damaged equipment, or cash register shortages unless the employee has separately agreed to such deductions in writing. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978

PTO and Vacation Payout at Termination in Michigan

Michigan does not require employers to pay out accrued, unused vacation time or PTO at termination by statute. Whether vacation or PTO is paid out at separation is governed entirely by the employer’s written contract or written policy.

Under the Payment of Wages and Fringe Benefits Act, MCL 408.473 and MCL 408.474, fringe benefits — which include vacation leave — are paid at termination in accordance with the terms of the employer’s written contract or written policy. If the employer’s written policy provides for PTO payout upon separation, the employer is obligated to honor that policy. If the written policy contains a “use-it-or-lose-it” provision — meaning accrued vacation is forfeited upon termination — and the employee agreed to it in writing, that policy is enforceable. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/payment-of-fringe-benefits-at-termination

Key rule: An employer cannot withhold a fringe benefit payment due at termination unless the withholding is agreed upon by written contract or a signed statement obtained with the full and free consent of the employee. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/payment-of-fringe-benefits-at-termination

Fringe benefits due at termination must be paid on the next regularly scheduled payday for the period in which the termination occurs, unless a different timeline is specified in the written contract or policy. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/payment-of-fringe-benefits-at-termination

Penalties for Late or Unpaid Final Paycheck in Michigan

An employee who believes wages or fringe benefits have not been paid may file a wage complaint with the Michigan LEO Wage and Hour Division. The statute of limitations for filing an administrative wage claim is 12 months from the alleged violation. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/statute-of-limitations

Employers found in violation are subject to administrative penalties. A willful violation of the Payment of Wages and Fringe Benefits Act subjects the employer to an administrative fine of not more than $500.00. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978

Wage claims are filed online at: https://www.michigan.gov/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/filing-a-complaint-for-non-payment-of-wages-or-fringe-benefits

There is no charge for filing a wage complaint with the Wage and Hour Division. Source: https://www.michigan.gov/en/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/filing-a-complaint-for-non-payment-of-wages-or-fringe-benefits

Severance Pay Laws in Michigan

Does Michigan Require Severance Pay?

Michigan does not require employers to provide severance pay upon termination. No federal law mandates severance pay.

Severance is governed by the employer’s own written policy, employment contract, or collective bargaining agreement. If an employer has an established severance policy or practice in a written contract or written policy, the terms of that policy control. Source: Michigan LEO, https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978

Severance Agreements and Release of Claims

Under federal law, the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f), establishes specific requirements for severance agreements that include a release of age discrimination claims for employees age 40 and older:

  • A 21-day consideration period (or 45 days for group layoffs or exit incentive programs)
  • A 7-day revocation period after signing
  • Specific written disclosures about the rights being waived

These requirements apply to any Michigan employer offering a severance package with a waiver of ADEA claims. Source: https://www.eeoc.gov/age-discrimination

Severance agreements in Michigan may also include separation from state discrimination claims under ELCRA. Any waiver of ELCRA claims should be expressly stated in the agreement and must be knowing and voluntary. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-453-of-1976

For strategies on negotiating severance packages, see How to Negotiate Severance.

WARN Act and Mass Layoff Laws in Michigan

Federal WARN Act Requirements

The federal Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101 et seq., requires employers with 100 or more full-time employees to provide at least 60 calendar days’ advance written notice before a plant closing or mass layoff. This notice must be provided to affected workers or their union representatives, the Michigan Department of Labor and Economic Opportunity — Workforce Development, and the appropriate unit of local government. Source: https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn

Federal WARN Thresholds (Applicable in Michigan)
WARN Trigger Federal Threshold
Plant closing 50 or more employees at a single site during any 30-day period
Mass layoff 500 or more employees OR 50–499 employees if they constitute at least 33% of the employer’s active workforce
Employer coverage 100 or more full-time employees (or employees working a combined 4,000+ hours/week)
90-day aggregation Employment losses meeting WARN thresholds during any 90-day period are aggregated
Source: https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn

Federal WARN exceptions include the faltering company exception (plant closings only), unforeseeable business circumstances, and natural disasters. Source: https://www.dol.gov/agencies/eta/layoffs/warn

Michigan and the WARN Act — No State Mini-WARN

Michigan does not have a state-level WARN Act. The federal WARN Act is the sole advance-notice requirement applicable to covered employers in Michigan. Michigan employers that meet the federal coverage thresholds are required to provide 60 days’ advance notice to the Michigan LEO Workforce Development division, affected employees, and local government. Source: https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn

The Michigan Department of Labor and Economic Opportunity administers WARN Act notifications and coordinates rapid response services for workers affected by mass layoffs and plant closings through its Workforce Development division. WARN notices filed with the state are made available to the public through the LEO WARN notices portal. Source: https://www.michigan.gov/leo/bureaus-agencies/wd/data-public-notices/warn-notices

Penalties for failure to provide required WARN notice include liability for back pay and benefits owed to affected employees for each day of the violation period, up to 60 days. Source: https://www.dol.gov/agencies/eta/layoffs/warn

Retaliation and Whistleblower Protections in Michigan

Federal Anti-Retaliation Protections

Federal law prohibits employers from retaliating against employees who engage in protected activities. Retaliation is the most frequently cited claim in charges filed with the EEOC. Federal anti-retaliation protections that apply in Michigan include Title VII (discrimination complaints), the ADA (disability accommodation requests), the ADEA (age discrimination complaints), the FLSA (wage complaints), OSHA (workplace safety complaints), the FMLA (leave requests), and the Sarbanes-Oxley Act (corporate fraud reporting, publicly traded companies). Sources: https://www.eeoc.gov/retaliation · https://www.osha.gov/whistleblower

Michigan Whistleblowers’ Protection Act

Michigan provides robust state-level whistleblower protections through the Whistleblowers’ Protection Act (WPA), 1980 PA 469, MCL 15.361–15.369.

Protected activities: Under MCL 15.362, an employer is prohibited from discharging, threatening, or otherwise discriminating against an employee regarding compensation, terms, conditions, location, or privileges of employment because the employee: (1) reports or is about to report, verbally or in writing, a violation or suspected violation of a state, local, or federal law or regulation to a public body; or (2) is requested by a public body to participate in an investigation, hearing, or inquiry, unless the employee knows the report is false. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-15-361

Employer coverage: The WPA defines “employer” as a person with one or more employees, including the state and its political subdivisions. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-15-361

Filing process and deadline: An employee claiming a violation of the WPA may bring a civil action in state circuit court within 90 days after the occurrence of the alleged violation. Source: MCL 15.363(1), https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-469-of-1980

Remedies: A court may order reinstatement, back wages, full reinstatement of fringe benefits and seniority rights, actual damages, punitive damages (where the employer acted with malice or fraudulently), and all or a portion of litigation costs including reasonable attorney fees. Source: MCL 15.364, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-469-of-1980

Employer posting obligation: Employers covered by the WPA are required to post notices and use other appropriate means to keep employees informed of their protections and obligations under the act. Source: MCL 15.368, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-469-of-1980

Michigan Occupational Safety and Health Administration (MIOSHA): Michigan also maintains its own occupational safety and health enforcement authority through MIOSHA, which administers workplace safety complaints and retaliation protections for employees who report safety violations. Source: https://www.michigan.gov/leo/bureaus-agencies/miosha

For a comprehensive overview of workplace retaliation protections, see Workplace Retaliation Laws.

Constructive Discharge in Michigan

Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person in the employee’s position would feel compelled to resign. Under Michigan law, constructive discharge is expressly recognized as a form of “discharge” under the Payment of Wages and Fringe Benefits Act. MCL 408.471(d) defines “discharge” to include constructive discharge and any other termination of employment. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978

Michigan courts apply an objective standard: the conditions must be so intolerable that a reasonable person would feel compelled to resign. A constructive discharge is treated as an involuntary termination for purposes of legal claims, including wrongful termination and unemployment eligibility. An employee who is constructively discharged may be entitled to the same protections — including final paycheck rules and anti-discrimination remedies — as an employee who is formally discharged.

Constructive discharge claims in Michigan frequently arise in the context of ELCRA discrimination claims and Whistleblowers’ Protection Act claims, where an employer’s creation of intolerable working conditions in response to a protected activity constitutes retaliation. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2202

Notice Requirements in Michigan

Is an Employer Required to Give Notice Before Termination?

Michigan does not require employers to provide advance notice before terminating an individual employee outside of WARN Act situations. The at-will doctrine permits immediate termination without prior notice. Individual employment contracts or collective bargaining agreements that specify notice requirements are enforceable, but no Michigan statute mandates pre-termination notice for at-will employees. Source: https://www.michigan.gov/leo

Is an Employee Required to Give Two Weeks’ Notice?

No Michigan statute requires employees to provide two weeks’ notice before resigning. Two weeks’ notice is a professional convention. If an employment contract requires advance notice of resignation, the contract terms apply and may affect the employee’s rights under that contract.

Service Letter Law

Michigan does not have a service letter law requiring employers to provide terminated employees with a written statement of employment history or reason for termination. Source: Michigan LEO FAQ, https://www.michigan.gov/-/media/Project/Websites/leo/Documents/BER15/FAQ.pdf

Personnel Records — Bullard-Plawecki Employee Right to Know Act

Michigan’s Bullard-Plawecki Employee Right to Know Act permits most employees to review their own personnel records. This act prescribes criteria for review and sets forth the information that may be contained in personnel records. There is no state agency that enforces the Bullard-Plawecki Act administratively. Source: Michigan LEO FAQ, https://www.michigan.gov/-/media/Project/Websites/leo/Documents/BER15/FAQ.pdf

How to File a Termination Complaint in Michigan

State Filing Options — Michigan
Agency Handles Website Filing Deadline
Michigan LEO — Wage and Hour Division Wage claims, unpaid final paycheck, fringe benefit disputes https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour 12 months from violation
Michigan Department of Civil Rights (MDCR) Discrimination and retaliation under ELCRA and PWDCRA https://www.michigan.gov/mdcr/enforcement/investigation 180 days from act of discrimination
MIOSHA Workplace safety complaints and retaliation https://www.michigan.gov/leo/bureaus-agencies/miosha Varies by statute

Wage complaints may be filed online through the Michigan LEO wage claim portal. There is no fee for filing. Source: https://www.michigan.gov/en/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/filing-a-complaint-for-non-payment-of-wages-or-fringe-benefits

MDCR complaints may be filed online or by calling 1-800-482-3604. Source: https://www.michigan.gov/mdcr/enforcement/investigation

Federal Filing Options — Michigan
Agency Handles Filing Deadline
EEOC Discrimination under Title VII, ADA, ADEA, GINA, PDA 300 days (Michigan is a deferral state)
OSHA Safety and health retaliation 30 days
DOL Wage and Hour Division FLSA violations, including final paycheck under federal law 2 years (3 years for willful violations)

Michigan is a deferral state, which extends the federal EEOC filing deadline to 300 days due to the worksharing agreement between the MDCR and the EEOC. Employees in Michigan may file with either the MDCR or the EEOC; complaints filed with one agency are generally cross-filed with the other. Source: https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction

EEOC Field Office in Michigan:

The Detroit Field Office is part of the EEOC’s Indianapolis District, which oversees Michigan, Indiana, Kentucky, and parts of Ohio. Source: https://www.eeoc.gov/field-office/detroit

FAQ: Michigan Termination Laws

Is Michigan an at-will employment state?

Yes. Michigan follows the at-will employment doctrine, meaning either the employer or the employee may end the employment relationship at any time, for any lawful reason, or for no reason at all. Source: Michigan Department of Labor and Economic Opportunity, https://www.michigan.gov/leo

Can an employer fire an employee for no reason in Michigan?

An employer may terminate an at-will employee without stating a reason, unless the termination violates state or federal law, a public policy, or an employment contract. Terminations based on protected characteristics — such as race, sex, age, disability, sexual orientation, or height and weight — are prohibited under Michigan’s Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-453-of-1976

What constitutes wrongful termination in Michigan?

Wrongful termination in Michigan occurs when an employer terminates an employee in violation of federal or state anti-discrimination law, in violation of a public policy (such as retaliation for filing a workers’ compensation claim or refusing to commit an illegal act), in breach of a written or implied employment contract, or in retaliation for protected whistleblower activity. Sources: MCL 37.2101 et seq.; MCL 15.361 et seq.

When is the final paycheck due after termination in Michigan?

Under MCL 408.475, an employee who is discharged must be paid all earned wages immediately — as soon as the amount can with due diligence be determined. An employee who voluntarily resigns must be paid on the next regularly scheduled payday for the period in which the termination occurred. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-408-475

Does Michigan require employers to pay out unused vacation or PTO at termination?

Michigan does not require PTO payout by statute. Vacation and PTO payout at termination is governed solely by the employer’s written contract or written policy. If the employer’s written policy provides for payout, the employer must honor it. If the policy does not provide for payout, no statutory obligation exists. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/Wage-and-Hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/payment-of-fringe-benefits-at-termination

Does the WARN Act apply in Michigan?

Yes. The federal WARN Act, 29 U.S.C. § 2101 et seq., applies to covered employers in Michigan (100 or more full-time employees). Michigan does not have a state mini-WARN Act. Covered employers must provide 60 days’ advance written notice of plant closings and mass layoffs to affected employees, the Michigan LEO Workforce Development division, and local government. Source: https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn

Is severance pay required by law in Michigan?

No. Neither Michigan law nor federal law requires employers to provide severance pay. Severance obligations, if any, are established by the employer’s written policy, employment contract, or collective bargaining agreement. Source: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978

What is the statute of limitations for wrongful termination in Michigan?

The filing deadline depends on the claim type. State discrimination claims under ELCRA must be filed with the MDCR within 180 days of the discriminatory act; civil actions in state court must be filed within 3 years. Federal discrimination charges with the EEOC must be filed within 300 days (Michigan is a deferral state). Whistleblower claims under the WPA must be filed within 90 days. Wage claims must be filed with the Wage and Hour Division within 12 months of the violation. Sources: https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction · https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/statute-of-limitations

Can an employer fire an employee for filing a complaint in Michigan?

Michigan law prohibits retaliation for protected activities. The Payment of Wages and Fringe Benefits Act, MCL 408.483, prohibits employers from discharging or discriminating against an employee because the employee filed a wage complaint or asserted a right under that act. The Whistleblowers’ Protection Act, MCL 15.362, prohibits retaliation against employees who report legal violations to public bodies. ELCRA and the PWDCRA prohibit retaliation against employees who oppose discrimination or participate in MDCR or EEOC proceedings. Sources: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978 · https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-15-361

Where are termination complaints filed in Michigan?

Wage and final paycheck complaints are filed with the Michigan LEO Wage and Hour Division at https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour. Discrimination and retaliation complaints under ELCRA and PWDCRA are filed with the Michigan Department of Civil Rights (MDCR) at https://www.michigan.gov/mdcr or by calling 1-800-482-3604. Federal discrimination charges are filed with the EEOC Detroit Field Office at https://www.eeoc.gov/field-office/detroit. Whistleblower claims under the WPA are filed as civil actions in Michigan state circuit court.

What additional protected classes does Michigan recognize beyond federal law?

Michigan’s ELCRA, as amended effective February 13, 2024, protects against employment discrimination based on height, weight, marital status, sexual orientation, and gender identity or expression — protected classes that are not recognized under federal anti-discrimination statutes. Michigan’s PWDCRA covers employers with as few as one employee, compared to the federal ADA threshold of 15 employees. Sources: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2102 · https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-1201

What is the Michigan Whistleblowers’ Protection Act?

The Whistleblowers’ Protection Act, 1980 PA 469, MCL 15.361–15.369, prohibits employers from discharging, threatening, or otherwise discriminating against an employee because the employee reports or is about to report a suspected violation of law to a public body. Employees must file civil actions in state circuit court within 90 days of the alleged violation. Remedies include reinstatement, back wages, and litigation costs. Source: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-469-of-1980

Can an employer withhold the final paycheck for unreturned property in Michigan?

No. Michigan law does not authorize employers to withhold final wages pending return of company property. All earned wages must be paid on the applicable statutory deadline regardless of property return. Separate legal remedies may be available to employers for property recovery, but these do not affect the final paycheck obligation. Source: MCL 408.475, https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-408-475

Is two weeks’ notice required by law in Michigan?

No. Neither Michigan state law nor federal law requires employees to provide two weeks’ notice before resigning. Two weeks’ notice is a professional convention. If an employment contract specifies a required notice period, the contract terms control.

How much notice is required before a mass layoff in Michigan?

Covered employers — those with 100 or more full-time employees — must provide 60 calendar days’ advance written notice under the federal WARN Act before a plant closing or mass layoff meeting the federal thresholds. Michigan does not have its own state mini-WARN Act. Source: https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn

Can an employee be fired during FMLA leave in Michigan?

Federal FMLA, 29 U.S.C. § 2601 et seq., prohibits termination in retaliation for taking protected FMLA leave. Employees covered by FMLA retain reinstatement rights upon return from qualifying leave. Michigan’s ELCRA and PWDCRA may provide additional protections where the leave is related to a protected medical condition. Termination of an employee during FMLA leave for unrelated, legitimate reasons is not prohibited. Source: https://www.dol.gov/agencies/whd/fmla

Sources and Verification Log

Sources & Verification Log — Michigan Termination Laws
# Claim Source URL Verified Date
1 At-will employment doctrine — Michigan Michigan LEO https://www.michigan.gov/leo March 2026
2 Final paycheck — discharged employees immediately MCL 408.475(2) https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-408-475 March 2026
3 Final paycheck — voluntary resignation next regular payday MCL 408.475(1) https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-408-475 March 2026
4 PTO payout governed by written policy only Michigan LEO — Fringe Benefits at Termination https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/payment-of-fringe-benefits-at-termination March 2026
5 Wage claim — 12-month statute of limitations Michigan LEO — Statute of Limitations https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978/statute-of-limitations March 2026
6 ELCRA protected classes (expanded 2024) MCL 37.2102 https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2102 March 2026
7 MDCR enforcement authority MDCR Jurisdiction https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction March 2026
8 MDCR complaint deadline — 180 days MDCR Complaint Filing https://www.michigan.gov/mdcr/enforcement/investigation March 2026
9 Michigan is a deferral state — 300-day EEOC deadline MDCR Jurisdiction https://www.michigan.gov/mdcr/enforcement/investigation/jurisdiction March 2026
10 PWDCRA coverage — 1+ employees MCL 37.1201 https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-1201 March 2026
11 Whistleblowers' Protection Act — MCL 15.361–15.369 Michigan Legislature https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-469-of-1980 March 2026
12 WPA — 90-day filing deadline MCL 15.363(1) https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-469-of-1980 March 2026
13 No state mini-WARN Act Michigan LEO — WARN page https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn March 2026
14 Federal WARN thresholds apply Michigan LEO — WARN overview https://www.michigan.gov/leo/bureaus-agencies/wd/programs-services/worker-adjustment-and-retraining-notification-act-warn March 2026
15 No service letter law in Michigan Michigan LEO FAQ https://www.michigan.gov/-/media/Project/Websites/leo/Documents/BER15/FAQ.pdf March 2026
16 No severance pay requirement Michigan LEO https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978 March 2026
17 EEOC Detroit Field Office EEOC https://www.eeoc.gov/field-office/detroit March 2026
18 Constructive discharge included in “discharge” definition Michigan Legislature https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978 March 2026
19 Retaliation for wage complaint — MCL 408.483 Michigan Legislature https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978 March 2026
20 Public policy exception — Suchodolski Michigan courts https://www.courts.michigan.gov March 2026
21 Implied contract exception — Toussaint Michigan courts https://www.courts.michigan.gov March 2026
22 ELCRA 2024 amendment (sexual orientation, gender identity) MDCR press release https://www.michigan.gov/mdcr/news/releases/2023/03/16/elcraupdate March 2026
23 Payment of Wages and Fringe Benefits Act overview Michigan LEO https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/payment-of-wages-and-fringe-benefits-act-public-act-390-of-1978 March 2026
24 Federal WARN Act guidance U.S. Department of Labor https://www.dol.gov/agencies/eta/layoffs/warn March 2026

Related Pages

More Michigan Labor Laws

Federal Guides & Related Topics

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney. Last updated: March 2026.