On February 3, 2017, the Michigan Supreme Court issued a ruling involving Michigan’s Whistleblowers’ Protection Act (WPA). The ruling requires employers to carefully evaluate any changes made to an employee’s position, job duties, and working conditions after that employee raises concerns that may be protected activity under the WPA. Otherwise, an employer may be setting
Michigan Supreme Court Rejects Expansion of Whistleblower Protection of Employees
Remember the movie Minority Report starring Tom Cruise? The premise of that movie was that in the future a special police task force (the “pre-crime division”) could identify wrongdoers who would go on to commit crimes and charge them before those unlawful acts actually occurred. A similar science fiction plot recently made its way to
Whistleblower Protection – Not So Much if You Ignore the Time for Filing the Claim
Procrastination can be an employer’s best friend when it comes to employment discrimination lawsuits. This is especially true for claims under Michigan’s Whistleblower Protection Act (WPA). This is because Michigan’s WPA has one of the shortest statutes of limitations (i.e., the time in which a lawsuit must be filed) under any employment-related law. That limitation
Does Ruling in Favor of Wrongful Discharge in Violation of Public Policy Claim Have Broader Implications for Employers
The Michigan Supreme Court ruled for a Saginaw nurse who filed a wrongful discharge claim alleging he was fired in violation of public policy. As we previously noted, this case raised a question of whether Michigan’s Whistleblowers’ Protection Act was the former employee’s exclusive remedy.
In sum, Mr. Landin was terminated from his job
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
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.
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
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
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
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