In good news for employers, the Michigan Supreme Court recently ruled that employers are no longer under the Michigan Civil Rights Act (MCRA) strictly liable for the intentional torts committed by supervisors. In Hamed v. Wayne County Sherriff’s Dep’t, the Court overruled a prior decision, Champion v Nationwide Security Inc. In order to better understand [...]
In California, a woman who sued her employer may not assert attorney client privilege to emails she sent her attorney from her work email, a California appeals court ruled. The woman claimed that the emails she sent to her attorney from her work email were protected under the attorney client privilege doctrine. The court noted [...]
In the high stakes business world, non-compete agreements are an important tool for businesses to protect their client lists, goodwill, and pricing models. Without a strong non-compete agreement, losing a key employee can be very costly. The last thing your business wants is for a former employee to gain a competitive advantage against you by [...]
The City of Detroit (“City”) has become the most recent city to pass an ordinance that forbids the City from asking an applicant for a City job about prior felony convictions on the initial employment application form. This is informally referred to as a “ban the box” law. “Ban the box” gets its name from employment [...]
Last week the U.S. Supreme Court unanimously ruled, in City of Ontario v. Quon, that the search of a police officer’s government issued pager, without a warrant, did not violate the Fourth Amendment. This case arose after a police department audited the text messages a police officer was sending and receiving on his pager. The [...]
The Michigan Worker’s Disability Compensation Act (WDCA) was created in order to ensure that employees injured on the job would receive compensation for their injuries, while at the same time protecting employers from tort liability. An injured worker must generally pursue compensation through the worker’s compensation system, rather than in tort. Essentially, both employer and [...]
The Michigan Court of Appeals recently issued an opinion that will make employers think twice about resignation procedures for employees. In Robbins v. Sault Ste. Marie Tribe of Chippewa Indians (Click here for a PDF of the case), an employee had a written clause in her contract that she would receive two years’ salary if [...]
Under The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), employees and their families are not entitled to COBRA coverage under the employer’s group health plan when an employee is terminated for “gross misconduct.” There will be no qualifying event under COBRA unless the voluntary or involuntary termination of employment is for reasons other than gross misconduct. [...]
Contrary to popular belief, employers are not obligated to provide severance pay upon an employee’s termination of employment due to a layoff. If an employer does choose to provide severance pay, it should be accompanied by a severance agreement. The most important provisions in a severance agreement are those regarding payment, non-competition, and the release [...]
The Michigan Sales Representatives Commission Act (“SRCA”), MCLA 600.2961, (Click here to view) provides protection for sales representatives from the company he is selling for (“principal”). The statute provides that representatives are to be paid what they are owed in a timely manner, and that intentional non-payment of commission by the principal will result in [...]
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