LexisNexis® Legal Newsroom
Whistleblowers in Michigan: whistling in the wind?

The Whistleblowers' Protection Act ("WPA") was enacted in 1980 and requires an action to be filed within 90 days of the occurrence that is the basis of the claim. The elements of a claim are not complicated; to recover, an employee must report or be about to report; verbally or in writing;...

The second most important election for Michigan employers in November

The Presidential election is the most important for employers from the perspective of labor and employment law. The party controlling the White House also will determine the agendas of the EEOC, the NLRB, and the Department of Labor. The significance of the recent actions of the EEOC and the NLRB is...

Whistleblowing in Michigan: the Michigan Supreme Court Goes on the Record

To say that employees have had a difficult time in pursuing claims under the Michigan Whistleblowers' Protection Act would be an understatement. I did an article on the court of appeals' decisions, the vast majority of which are unpublished, and found that from 2011 to present, the court...

Take My Word for It...Not in Michigan

Can a plaintiff survive summary disposition in a case under the Michigan Whistleblowers' Protection Act where the only evidence to support his claim is his deposition testimony that the company told him in a meeting his protected activity was the reason for his termination? The Michigan Supreme Court...

Employment at Will in Michigan's Public Sector

The University of Michigan was sued for discrimination based on sexual preference by a law professor who was denied tenure. The claim for breach of breach of an implied contract was based in part on the university's policy statements concerning non discrimination. The university raised then abandoned...

An End Run Around Michigan's Right to Work Law? Not So Fast.

Michigan's right to work law was passed and signed in December of 2012. The law did not go into effect until March 28, 2013. The law contains a provision which states that collective bargaining agreements("CBA") with union security clauses in effect before the March effective date would...

More Than Words: Defending Michigan Whistleblowers' Claims

Plaintiffs who sued under the Michigan Whistleblowers' Protection Act had a difficult time surviving summary disposition motions in the trial court or sustaining a verdict in the court of appeals. Frequently the issue focused on whether the plaintiff was engaged in protected activity. This focus...