For anyone who has played sports, you’ve probably heard a coach say something like, “play through the whistle.” The idea being you don’t let up until the play is over. The same applies to running a company. Except when it comes to making the difficult decision to close a business, not playing through the whistle
Peeling Back the Details on Clawing Back Employee Bonus and Severance Payments
Severance agreements have recently made headlines in Michigan after it was reported that three high-ranking departing state officials were paid severance amounts ranging from slightly more than $11,000 up to $155,506.00.
In this regard, I was recently interviewed by the Detroit News reporter, Craig Mauger, about using severance agreements concerning the payout to Robert
Are your Employment Applications Protecting Your Business?
A recent Michigan Court of Appeals decision shows the value in smartly drafting your employment applications and related hiring documents so they double to protect the business from employment discrimination claims.
Going Deeper:
Specifically, a case captioned McMillon v. City of Kalamazoo, (MI Court of App. Jan. 21, 2021) involved a plaintiff who applied
The Ripple Effect of Not Protecting Attorney-Client Communications on Later Noncompete Litigation
A recent court opinion is a cautionary tale for business owners and entrepreneurs and their attorneys about the importance of protecting attorney-client communications. It is also a reminder of how easily that privilege can be inadvertently waived and the downstream impact it can have on noncompete disputes.
The Decision
The court opinion comes from a
Tesla Sues former Employee for Trade Secret Misappropriation
Tesla sued a former engineer for trade secret misappropriation on January 21, 2021. It obtained an ex parte temporary restraining order the next day.
Why it matters:
In our experience representing clients in pursuing and defending against these kinds of claims, this case is a good reminder for companies and former employees about the importance
Former Manager Sued Over Using Trade Secrets to Start Competing Company
Ecolab Inc. sued a former marketing manager, Preston Alexander, alleging he used stolen trade secrets to set up a rival business in violation of the federal Defend Trade Secrets Act and related claims. Ecolab seeks the immediate return of its confidential information and damages for contract breach and trade secret misappropriation.
Why it Matters:
Ecolab’s
Michigan Enacts COVID-19 Liability Protections for Businesses and Employees
Michigan Governor Gretchen Whitmer signed into law bipartisan legislation known as the “COVID-19 Response and Reopening Liability Assurance Act” (COVID Assurance Act).
Why it Matters:
This Act provides protections to Michigan workers relating to the spread of COVID-19 and protecting businesses that implement strict safety measures to keep workers, customers, and their families safe. Further,
Michigan Supreme Court’s Decision Against COVID-19 Executive Orders Still No Treat for Business
The Michigan Supreme Court, in a divided opinion, recently invalidated Michigan’s Emergency Powers of Governor Act of 1945, MCL 10.31 et seq. This was the statute under which Governor Whitmer issued a number of COVID-19 executive orders. Those orders, therefore, will now be void by the end of
Trump’s Unmasking Reveals an Example no Business Leader Should Follow.
Today, Mr. Trump was released from the hospital after three days of being treated for COVID-19. He returned to the Whitehouse to immediately provide an egregious example that no company should follow when it comes to COVID-19.
Specifically, Mr. Trump decided to pose for an obvious photo and video shoot in the Whitehouse by removed
Michigan Employer Sued After Allegedly Firing Worker Diagnosed with COVID-19
A Michigan based company was recently sued for allegedly firing its assistant manager after contracting the COVID-19 virus. The suit claims this firing violated the Families First Coronavirus Response Act, the Emergency Paid Sick Leave Act, the Family Medical Leave Act, and Michigan Executive Order 2020-36.
Why It Matters:
Two things stand out about this