Category Archives: Whistleblower

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Avoiding Risks Under Michigan’s Whistleblowers’ Protection Act – Five Things to Know

Whistleblower claims routinely make the headlines. And for employers, whistleblower claims increase the chance of liability even in what should be otherwise routine adverse employment decisions. By way of example, a number of years ago, I represented an employer in what should have been a garden variety wrongful discharge lawsuit. However, because of some “unfortunate” … Continue Reading

Michigan Court Refuses to Expand Claim for Wrongful Termination in Violation of Public Policy

While maybe not quite as exciting as last night’s fantastic win by the Detroit Tigers, Michigan employers got a great win this week from the Michigan Court of Appeals involving a claim for wrongful termination in violation of a public policy. Specifically, in Irwin v Ciena Health Care Management, Inc. (PDF), a nurse was employed in … Continue Reading

Michigan Supreme Court Rejects Heightened Standard in Whistleblower Protection Claims

Back on March 21, 2013, this blog critically discussed a Michigan Whistleblower Protection Act (WPA) claim, Furhr v Trinity Health Corp., (2013), where the Court of Appeals reversed a jury verdict in favor of a former employee who had filed a lawsuit against her employer. Procedurally, reversing a jury verdict is not normally expected. But what … Continue Reading

Are Inconsistent Performance Reviews and Inefficient Termination Process Putting Your Company at Risk?

In a rare decision favorable to Michigan whistlblower plaintiffs, the Court of Appeals reversed a trial court’s decision to dismiss a whistleblower case against an employer. But the real lesson that employers and their HR professionals should take from the decision is that timely decision making in the termination process is critical, as well as … Continue Reading

Employees and Sainthood – Does Michigan’s Whistleblower Protection Require Both?

In Hays v Lutheran Social Services of Michigan, the Michigan Court of Appeals recently reversed a jury verdict in favor of a former employee who had filed a lawsuit against her employer based on Michigan’s Whistleblower Protection Act (the “WPA”). The basis for the opinion is important for both Michigan employers and employees with respect … Continue Reading

An Employer’s Response Guide to Whistleblower Claims

Retaliation against company employees who report inappropriate or illegal action create significant legal risks for employers under whistleblower protection statutes. Employers, however, can significantly increase their chances of disposing of a whistleblower protection claim if proper policies are in place and by appropriately responding to such reports. The following provides an overview of a whistle … 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

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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