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Discrimination Cases in the News: Whistleblowers

Discrimination Cases in the News:
Whistleblowers

Reuters recently reported that a former employee of Infosys filed a whistleblower case against it. The employee alleges that he was discharged after being harassed for reporting illegal activity at work. Specifically, the employee claimed concerns that he was discharged for reporting visa, tax, and billing fraud.

In a recent blog we addressed the Michigan Whisleblower statute. See: MCL 15.362. The statute makes it illegal to discipline or discriminate against or discharge an employee because the employee reports or is about to report to a public body a suspected violation of laws.

In Michigan there is another interesting employee cause of action called discharge in violation of public policy. Here’s what it is. In Michigan, as is most, if not all, other states, non-union employees are considered employees at will. That means that aside from statutory protections they are subjected to discharge even without good cause. However, even an at-will employee is protected if his or her discharge is predicated upon a violation of a public policy. For instance, it would be illegal to discharge an employee who refused to participate in creating false pollution control records, assisting in tax fraud and so on. In a future blog we will examine some interesting cases of employer liability for discharges in violation of public policy.

Guy Vining of the Vining Law Group has been privileged to have represented employees in such cases, as well as, employers. He was represented employers and employees in the trial and appellate courts in these areas. If you or a loved one feels as though you were discharged as a violation of public policy, feel free to call Guy Vining today for a no-charge consultation.

Guy Vining has practiced law throughout the state of Michigan. His office is located in the city of Taylor, Michigan, where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with disabilities action and retaliation

Employment Cases in the News: Whistleblower Cases

Employment Cases in the News

Whistleblower Cases

The Chicago Tribute recently reported that Omnicare, Inc. had agreed to settle a whistleblower case. The case alleged that illegal payments were made to secure a long term contract with a pharmacy.

Guy Vining of the Vining Law Group, PLC, has been involved in numerous whistleblower cases. In Michigan the Whistleblower’s Protection Act, MCL 15.362 makes it illegal to discharge, threaten or otherwise discriminate against an employee because the employee reports or is about to report a violation or suspected violation of law to a public body. The statute provides that under appropriate circumstances the employee may be awarded damages including lost wages and benefits and attorney fees. The statute also empowers the judge to order reinstatement and restoration of seniority.

Guy Vining of the Vining Law Group has been privileged to have been involved for both employees and employers in such cases. He notes that it is critically important in prosecuting such cases to move very, very quickly. The case must be filed within a mere 90 days or it is barred, according to MCL 15.363. While Guy Vining believes this to be a  unreasonably brief period, it has been upheld by the Michigan Court of Appeals in Cavell v. Spengler, 114 Mich App 76 (1985). Therefore, if you suspect that you are being discriminated because of whistleblowing, contact a knowledgeable employment law attorney, immediately.

At the Vining Law Group, initial telephone conferences with whistleblowers are free of any charge. Call Guy Vining and he will be happy to help you analyze whether you have a viable case.

Guy Vining has practiced law throughout the state of Michigan. His office is located in the city of Taylor, Michigan, where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with disabilities action and retaliation