Asked in Employment Discrimination and Employment Law for Michigan

Q: Can an employer put things on your record if they allow you to quit instead of be terminated?

1 Lawyer Answer
T. Augustus Claus
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Answered

A: The nature of employment records varies, with internal records maintained by employers for performance and conduct purposes. Employers have legitimate reasons to document situations, such as performance issues or policy violations, even if an employee quits. However, unjustified negative entries on external records like state unemployment records are not allowed. Michigan, being an "at-will" employment state, allows employers to terminate or accept resignations at any time, but discrimination based on protected classes is prohibited. Specific circumstances surrounding your resignation, including any pressure or offered benefits, are crucial. Reviewing your employment contract or handbook can provide insights into record-keeping policies and limitations. If you suspect malicious intent or discrimination, you might have legal recourse.

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