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
Employees Wanted – Work at your Own Risk
Bloomberg Business Week recently featured a story about the South’s manufacturing renaissance. The article, by Peter Waldman, is titled Inside Alabama’s Auto Jobs Boom: Cheap Wages, Little Training, Crushed Limbs.
The workplace injuries and deaths described are simply horrific. Here are a few examples:
- A female employee at auto parts supplier Ajin USA was
Revisiting Your Whistleblower Protection Compliance Game Plan
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…
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…
Whistleblower Protection – It Takes More than Just Blowing a Whistle
A 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…
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 Court Refuses to Expand Claim for Wrongful Termination in Violation of Public Policy
While 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…
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…