Tag Archives: wrongful termination

Michigan Court of Appeals Rejects “Cat’s Paw” Theory in Employment Discrimination

Recently an employer, Pepsico Pepsi Beverages Company, won a summary disposition in an age discrimination claim filed under Michigan law. (Damghani v Pepsico, 9/10/2015) But the real significance of this case has to do with the court rejecting the application of a common employment discrimination theory often referred to as the “cat’s paw liability.” Background of … Continue Reading

Oy Vey! No Religious Discrimination in Jewish Nurse’s Termination

A recent religious discrimination claim dismissed in favor of an employer offers a number important take-aways for both employers and employees. Specifically, on 7/16/2015 the Eighth Circuit Court of Appeals affirmed the dismissal of a religious discrimination claim brought by a Jewish nurse who had worked for a Missouri medical center. See Shirrell v. St. … Continue Reading

Playbook for Addressing Age Discrimination under Michigan and Federal Law

The NFL’s Arizona Cardinals have been one of the surprising success stories this season. One of the reasons for the team’s success is the commitment it made to an older (ancient by NFL standards) coaching staff. A recent article in the Wall Street Journal (Kevin Clark), The Cardinals’ Secret: Elderly Coaches, highlights the Cardinal organization’s deliberate … Continue Reading

Employer Sued for Allegedly Failing to Produce Employee Personnel Records

Oakland University, a southeast Michigan public university, was sued on November 1, 2013 by its former women’s basketball coach Beckie Francis. The lawsuit seeks injunctive relief and declaratory relief, as well as seeks to compel Oakland University to produce certain employee records concerning Ms. Francis pursuant to Michigan’s Bullard-Plawecki Employee Right to Know Act. While this … Continue Reading

EEOC Smacked Down in Rare Employer Win in Defending Claim of Unlawful Discrimination

The Equal Employment Opportunity Commission (EEOC) was recently smacked down by the Sixth Circuit Court of Appeals in EEOC v Peoplemark, Inc. In that appeal, the Court agreed with a decision from the federal district court out of Western Michigan that awarded an employer its attorney’s fees and expert fees in defending against a discrimination claim brought … Continue Reading

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 in … Continue Reading

Avoiding Retaliation Claims: Know What You’re Aiming At Before Pulling the Trigger on a Termination

A recent Michigan Court of Appeals decision extended an employer’s liability for a retaliation claim by employees exercising a right afforded under Michigan’s Worker’s Disability Compensation Act (WDCA) even though the employee had yet to file a petition under the act. This case is also a reminder that employers and their HR professionals need to fully evaluate … Continue Reading
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