When it comes to establishing basic terms and conditions of employment, such as hiring someone as an independent contractor or as a W-2 employee, business owners generally enjoy significant leeway. But this could change for certain Michigan businesses providing home help care services under proposed changes by the Michigan Department of Community Health (MDCH). This
Michigan Experiments with Business Courts
It is not often that the legal system and innovation are used (positively) in the same sentence.
However, Michigan has implemented a statewide innovative “business court” system to handle legal disputes that fall into a number of categories associated with business matters.
I’m currently sitting in Wayne County Circuit Court’s Business Court for a breach
Is Your Non-compete Agreement Enforceable? Not Without a “Reasonable Competitive Interest”
“Sticking feathers up your butt, does not make you a chicken.“
Tyler Durden, Fight Club
Under Michigan law, one required element for having an enforceable non-compete agreement is a “reasonable competitive business interest.” But, like the chicken quote, business owners can’t expect to just stick the phrase “reasonable competitive business interest” into an
Why I Write: Reflections of the Michigan Employment Law Advisor
Last week I was pleasantly surprised when I was included in something called a “blog hop” which is sort of analogous to what people of a certain age call a “chain letter.” The blog hop, however, is focused on a common theme. Also common to this particular blog hop is that the chain
Corporations can Hold Religious Objections in order to Opt Out of covering Contraceptives for Women.
In a 5-4 decision, the U.S. Supreme Court decided this morning that corporations can hold religious objections that permit them to opt out of the new health law requirement that they cover contraceptives for women.
Incredibly, this decision is the first time that the U.S. Supreme Court has ruled that profit-seeking businesses can hold
The Wildcard in Noncompete Litigation – The Judge
One of the most common questions I get asked by both business clients and individuals is whether their non-compete agreement is enforceable. As explained below, a number of points will determine the answer, but none are more important than what essentially amounts to a “wild card” — the judge deciding your case.
Attorney Brett Snider
What Steps Can Your Business Take to Avoid Becoming a Victim of Trade Secret Theft?
Trade secret theft continues to be a major concern (or it should be) for businesses. And the numbers back up this conclusion; In an article by by Will Yakowicz, appearing in Inc., “How to Avoid Becoming a Victim of Trade Secret Theft,” it’s noted that:
Criminal theft of corporate trade secrets is reaching epidemic levels, experts say … the number of trade secret cases in U.S. federal courts doubled between 1988 and 1995, doubled again from 1995 to 2004, and is projected to double again by 2017.
Mr. Yakowicz’s article goes on to provide business owners with great advice on how to reduce trade secret thefts in your business. Having recently wrapped a trade secret misappropriation trial filed in Michigan state court, I can definitely say that the article is worth reading and the recommendations should be meaningfully considered by any business with information worth protecting.
What happens when a trade secret misappropriation lawsuit falls apart.
For background purposes, I represented a company and its executives who were sued for claims involving trade secret misappropriation, breach of a non-compete agreement, and other business related claims. One problem with any sort of lawsuit is that often times the facts get in the way.
This became clear as two days after the trial began, the lawsuit settled on terms very favorable to my clients (Plaintiff had requested over $860,000 at Michigan’s case evaluation procedure, which resulted in the evaluation panel awarding $175,000 against my clients). However, the parties settled the lawsuit for $8,500.00 payable over time.
Continue Reading What Steps Can Your Business Take to Avoid Becoming a Victim of Trade Secret Theft?
Governor Snyder & Business Leaders Support Amending Michigan Law to Prohibit Sexual Orientation Discrimination
Michigan Gov. Rick Snyder said Thursday, May 29, 2014 that he would like to see Michigan lawmakers amend the state’s Elliott-Larsen Civil Rights Act to include language about sexual orientation and gender identity before the end of the year. These statements were made in an interview with Crain’s Detroit Business, as reported by Chris Gautz
Dumb Bosses and Camera Phones – Not a Good Mix for your Company
Employers and their HR professionals may want to sit down before reading on: If a manager in your company text messages a picture of his “fully erect penis” to an employee and then fires that employee the day after she brings this to your attention, you will probably be sued. In other news, water tends
Michigan Employers Must Consider Telecommuting as a Reasonable Accommodation
Under a recent federal court ruling, Michigan employers must be prepared to consider telecommuting as a reasonable accommodation under the Americans with Disabilities Act (ADA) for an employee under a 4/22/2014 court ruling.
Specifically, Jane Harris was terminated from her position as a resale steel buyer at Ford Motor Co. This termination occurred shortly after she asked