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Retaliation Lawyer Birmingham MI | Batey Law Firm, PLLC
When Speaking Up Costs You Your Job
Employees who report discrimination, harassment, or workplace misconduct have legal protection—yet retaliation remains one of the most commonly filed workplace charges in the country. According to the EEOC, retaliation accounted for nearly 56% of all charges filed in recent years, making it the single most frequent type of claim.
At Batey Law Firm, PLLC, attorney Scott Batey has represented Michigan employees in employment law matters since 1996. If your employer took action against you after you raised a concern, you may have a viable legal claim under state or federal law.
What Is Workplace Retaliation?
Retaliation occurs when an employer takes an adverse action against an employee because they engaged in legally protected activity. Under both Michigan and federal law, three elements must be present:
- Protected activity — You reported a workplace problem, participated in an investigation, or exercised a legal right.
- Adverse action — Your employer terminated, demoted, disciplined, or otherwise harmed you.
- Causal connection — The adverse action was a direct result of your protected activity.
Adverse actions can include termination, demotion, unwarranted discipline, sudden negative performance reviews, reassignment, or workplace exclusion. Courts have recognized that even subtle patterns of isolation or increased scrutiny can constitute actionable retaliation.
Michigan Laws That Protect You
Elliott-Larsen Civil Rights Act (ELCRA)
Michigan's Elliott-Larsen Civil Rights Act (MCL § 37.2101 et seq.) prohibits employers from retaliating against employees who oppose discriminatory practices or file a complaint related to protected characteristics including race, sex, age, religion, national origin, and disability. Michigan courts have consistently held that ELCRA's anti-retaliation provisions apply even where the underlying discrimination claim does not ultimately succeed—what matters is that the employee acted in good faith.
Michigan Whistleblower Protection Act (WPA)
The Michigan Whistleblower Protection Act (MCL § 15.362) protects employees who report—or are about to report—a suspected violation of law to a public body. Notably, the WPA carries a 90-day statute of limitations, one of the shortest filing windows in employment law. Getting early legal advice is critical.
Federal Protections
Federal law independently prohibits retaliation in a wide range of contexts:
- Title VII (42 U.S.C. § 2000e-3) — Retaliation for opposing workplace discrimination
- FMLA (29 U.S.C. § 2615) — Retaliation for requesting or taking protected medical leave
- ADA (42 U.S.C. § 12203) — Retaliation for requesting disability accommodations
- FLSA — Retaliation for raising wage and hour complaints
Key Evidence in a Retaliation Case
Retaliation claims are built on timing, documentation, and pattern. The most persuasive evidence includes:
- A close timeline between your protected activity and the adverse action — courts and juries pay close attention to the sequence of events.
- Written records such as emails, HR complaints, performance reviews, and disciplinary notices that show what changed and when.
- Witness testimony from coworkers who observed the complaint, the employer's response, or the shift in how you were treated.
- Inconsistency in the employer's explanation — when the stated reason for an adverse action doesn't match documented facts, that contradiction can be powerful.
What to Do If You Suspect Retaliation
- Document dates, names, and specific incidents as they happen.
- Preserve all relevant communications—do not delete emails or texts.
- Do not sign severance or separation documents without first consulting an attorney.
- Contact a lawyer early. You do not need to wait until you are fired. Early guidance helps protect evidence and prevents costly mistakes.
Why Scott Batey
Scott Batey has focused exclusively on employment law since 1996. He has been recognized by Michigan Super Lawyers every year since 2014 and named among the Top Attorneys in Michigan by Crain's Detroit Business. Every case is handled personally—clients receive direct access to an attorney with decades of courtroom and negotiation experience, not a case manager.
Batey Law Firm represents employees at every stage: case evaluation, evidence development, agency proceedings, settlement negotiations, and trial.
Contact a Birmingham MI Retaliation Lawyer
If you believe your employer retaliated against you for speaking up, contact Batey Law Firm for a free, confidential consultation.
Batey Law Firm, PLLC30200 Telegraph Rd., Suite 400Bingham Farms, MI 48025