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Employment Cases in the News

Employment Cases in the News

 

     The Statesman Journal (Oregon) recently reported that a government employee filed a claim for public policy discharge against her employer. In Michigan a discharge against public policy is an exception to the employment at will rule. Generally, an employee, not in a union, or not protected by a written contract has no protection against non-discriminatory discharges.

 

     However, in Michigan even such an at-will employee may not be terminated for the employer’s violation of a public policy. For an example, an employee may not be fired for refusing to violate the law. Such a case was Trombetta v. Detroit, T&IR, Co., 81 Mich App 489 (1979). In fact, it expressly affirmed the following principal:

 

“Such a cause of action has been found to be implied where the alleged reason for the discharge of the employee was failure or refusal to violate a law in the course of employment. Thus, in [citation omitted], the Court said that it would be impermissible to discharge an employee for refusing to falsify pollution control reports that were required to be filed with the state.”

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“This court has recognized exceptions to the well established rule that at-will employment contracts are terminable at any time for any reason by either party. These exceptions were created to present individuals from contravening the public policy of this state. It is without question that the public policy of this state does not condone attempts to violate its duly enacted laws.”

 

     If you or a loved one have been fired for refusing to follow an illegal order at work, call Guy Vining.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor 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

Discrimination Cases in the News:

Discrimination Cases in the News:

 

     The Boston Herald on February 7, 2013 reported that a sex/gender discrimination case had been settled between a high level physician and the Beth Israel Deaconess Medical Center. In the suit the female physician accused the medical center of gender discrimination and retaliation while she served as the chief of the anesthesia and critical care departments.

 

     In Michigan, discrimination in employment based upon gender, is expressly prohibited by the Elliot Larsen Civil Rights Act, MCL 37.2102. Since our employment is so important to our financial, physical and emotional well being you should be vigilant to protect yours. If you are experiencing difficulties at work it wise to seek legal advice before termination. If you or a loved one are experiencing employment problems, please feel free to contact Guy Vining.

 

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

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor 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

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 Law in the News

Employment Law in the News

From time to time Guy Vining of Vining Law Group, PLC, (VLG) has both prosecuted and defended employment law claims for individual clients and various corporate clients. Employment law cases generally are very difficult because they are factually intensive requiring the review of many documents and the interviewing or deposing of multiple witnesses. Unlike a traffic accident case where the question might simply be: red light or green light?; the employment case may span many years and many incidents or events.

A great deal of care should be employed in determining who to hire to represent you in your employment law case. These cases require meticulous preparation and tenacity in advancing or defending the case. Past trial experience, good abilities at legal research, writing and trial practices are a must. Moreover, your attorney needs to have life experience and understand how witnesses and jurors see things.

Guy Vining offers a free telephone consultation with respect to employment law cases. In the event that he can help you with a particular matter he will set up an appointment to discuss the matter in greater detail. Since Mr. Vining has been helping people with these kinds of matters since 1982 he will be able to appropriately analyze your case. Please call for free to discuss yours at 734.281.2050. He has experience in prosecuting and defending sexual harassment cases; whistleblower cases; terminations in violation of public policy cases; and, general discrimination matters, including retaliation cases.

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