A 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
July 2011
Proposed Michigan Legislation Would Restrict Use of Credit Reports in Employment Decisions
Connecticut 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 in Reverse Discrimination Claims: Differences under Michigan and Federal Law
A 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…
What Happens When a Noncompete Agreement is Violated? A Blueprint for Noncompete Litigation
Employers 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…
Avoiding Whistleblower Claims – It’s All in the Employer’s Response
The 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…
The Sweet-spot for Increasing the Effectiveness of a Social Media Policy: Employee Self-Interest
Conventional wisdom directs companies to implement social media policy to eliminate or otherwise reduce the risks involved with social media. But a social media policy is only effective if it is followed by a company’s employees. And the sweet spot for increasing compliance with such a policy is by showing individual employees why they have…
New Michigan Court Rules Give Jurors More Opportunity To Be Involved in Trials
The Michigan Supreme Court recently approved new rules for civil and criminal jury trials that will give jurors an opportunity to participate in trials.
Under these rules, jurors will be permitted to take notes, discuss the evidence throughout civil trials, and submit questions to the judge to ask witnesses. A PDF copy of the rules…