Category Archives: Retaliation

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Documenting Employee Performance Issues and Teeth Cleaning – Not Fun, But Necessary

For many employers, investigating and documenting poor employee performance issues is about as fun as going to the dentist. But a recent Michigan Court of Appeals decision illustrates the importance of both because it often becomes a critical defense against claims that the employee was disciplined or terminated for unlawful or discriminatory reasons. Worker’s Compensation … Continue Reading

Avoiding Retaliation Claims: Know What You’re Aiming At Before Pulling the Trigger on a Termination

A recent Michigan Court of Appeals decision extended an employer’s liability for a retaliation claim by employees exercising a right afforded under Michigan’s Worker’s Disability Compensation Act (WDCA) even though the employee had yet to file a petition under the act. This case is also a reminder that employers and their HR professionals need to fully evaluate … Continue Reading

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 and … Continue Reading

Does An Employer Violate the FLSA’s Anti-retaliation Provision for Firing Employee For Facebook Posting About Payment Practices?

On June 24, 2011, a Florida federal district court dismissed a claim that an employer violated the Fair Labor Standards Act’s (FLSA) anti-retaliation provision by allegedly firing an employee who expressed her disagreement over the employer’s payment practices on Facebook. The Plaintiff, Lilli Morse, filed suit against her former employer, J.P. Morgan Chase & Co., under … Continue Reading

Michigan’s Whistleblowers’ Protection Act: Protecting Employees Who Are “About to Report” A Violation

A recent opinion from the Michigan Court of Appeals illustrates the significant challenges employees have in successfully bringing a certain claim under the Michigan Whistleblowers’ Protection Act (WPA) and opportunities employers have for dismissing such claims.  Challenges for Employees making an “About to Report” Whistleblowers’ Protection Act Claim Under Michigan’s Whistleblowers’ Protection Act (WPA), MCL … Continue Reading
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