July 2011

Fingerprint shackle.jpgA recent article in the Wall Street Journal, As Criminal Laws Proliferate, More Ensnared (Gary Fields and John Emshwiller), details the increasing number of federal criminal statutes and federal prosecutions – a threefold increase over the last 30 years. The article attributes – in part – this upward spiral to the criminalization of issues generally

Credit Reports.jpgConnecticut recently joined five other states that restrict the use of credit report information in employment decisions. These five other states are Maryland, Illinois, Oregon, Washington, and Hawaii. 

Proposed Michigan Legislation 

Michigan does not presently have similar legislation in place. But State Representative Jon M. Switalski is the primary sponsor of House Bill 4362 (PDF)

Changing Gears.jpgA Flint jury recently awarded $535,000 to a white former employee wrongfully fired after making a racial comment. This verdict also highlights important differences when it comes to reverse discrimination claims under Michigan and federal law.

For background, Mr. Craig Hecht, a former charter school teacher, was fired from Linden Charter for undisputedly telling another employee that

Blueprints.jpgEmployers commonly require employees to execute noncompetition agreements (also referred to as covenants not to compete or restrictive covenants). Under Michigan law (MCL 445.774a), such agreements will be enforceable if reasonable.

In theory, an enforceable noncompete agreement generally places certain limitations on an employee’s ability to work for a competitor or to start a competitive

Knife Behind Back.jpgThe alleged (mis)handling of an employee’s complaints of wrong-doing by her former employer offers insight on how to avoid a subsequent whistleblower claim or, at least, be in a better position to defend against such claims. 

Specifically, a Metro Detroit Employment Law firm was recently sued for violating (ironically) various employment laws. The law firm