Employment and Labor Law
During this Survey period, courts weighed in on the impact of legislative changes to the Public Employment Relations Act, whether the Michigan Medical Marihuana Act prohibits an employer from discharging an employee for testing positive for marijuana, whether an employer:s directive that an employee seek psychological counseling violates the Americans with Disabilities Act, and the circumstances under which bullying morphs into an actionable sexual harassment claim. Michigan courts were most active, however, in resolving a wide range of issues under the Whistleblowers’ Protection Act, including whether the plaintiff’s motivation in blowing the whistle is relevant to his claim, whether failure to renew a contract is an adverse employment action under the Act, whether a plaintiff can create direct evidence with deposition testimony contradicted by other record evidence, and what evidence is necessary to establish causation. Read More …