Michigan employment law

Shooting-Self-in-Foot.jpgInvestigating employee misconduct is, unfortunately, a common occurrence companies and their HR professionals experience. But if the investigation is not properly handled, it could expose the employer to liability, including being sued for defamation.

Consider for example a recent lawsuit in which an employee sued her employer and its supervisors because of the manner in

Signing-Contract.jpgThe Wall Street Journal recently ran an editorial titled, “Why the Trial Bar and Its Friends Detest Arbitration” by James R. Copland. Mr. Copland’s editorial highlighted some high-profile lawsuits to conclude that the court system often fails companies. Business owners frequently share the same belief and assume their businesses will fare better in

Key.jpgAn area under the Americans with Disabilities Act that can be problematic for employers and employees alike concerns conducting the individualized inquiry that is required to determine if an employee’s disability or another condition disqualifies the employee from a particular position. This issue recently played out in a federal district court case of (Siewertsen

Employee Performance ReviewsDoes your company rely on performance reviews for evaluating and managing employees? Probably; performance reviews are a staple for human resource professionals when it comes to evaluating employee performance. Neuroscience, however, is calling into question the value of such reviews.

The Science Undermining the Value of Performance Reviews

Specifically, in “Risks of Reviews,

Contract-Documents.jpgEmployers often overlook the opportunity to limit liability against their business when it comes to employment agreements. And one of the most common ways in which a business can limit its liability is through a contractual limitations period. A recent Michigan Court of Appeals highlights this point.

Specifically, a shortened limitation period in an employer’s

Telecommuting under ADAMichigan employers dodged a bullet (sort of) on when it comes to whether telecommuting must be considered as a reasonable accommodation under the Americans with Disabilities Act (ADA).

Specifically, in a “judicial do-over,” the full Sixth Circuit Court of Appeals in EEOC v. Ford revisited a prior decision (previously discussed here) that had concluded

Employee Medical MarijuanaToday is April 20, 2015. However, for certain individuals who partake in smoking a plant in the cannabis genus, it is also “420.” The use of “420” has historically been a shorthand reference to recreational marijuana smoking. However, as more states enact laws legalizing marijuana use for medical conditions, employers may need to reassess their

Pregnancy DiscriminationYesterday the U.S. Supreme Court issued the much anticipated opinion in a pregnancy discrimination claim, Young v . United Parcel Service.

For context, the claim in Young v UPS arose under the Pregnancy Discrimination Act (PDA). The PDA was added to Title VII (the gold-standard in terms of civil rights law prohibiting workplace discrimination)