One aspect of my legal practice that has changed over the years is the amount of time I focus on my clients’ social media use, as well as investigating an opposing party’s social media accounts. The reason for such attention is simple; it is often a goldmine for inconsistencies, admissions, or even outright lies that

Whistleblower Compliance 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

shutterstock_247592956The 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

WhistleblowerA decision released on 10/1/2015 from the Department of Labor’s administrative review board (the “Board”) highlighted employment law issues arising at the intersection of whistleblowing, retaliation, and reasonable accommodation involving telecommunication. (Stewart v. Lockheed Martin Aeronautics Co., released 10/1/15). In the decision, the Board affirmed an administrative law judge’s ruling against Lockheed’s former

Injured by Chance.jpgWhistleblower 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

No in Red.jpgWhile 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

Performance ReviewsIn 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