Severance agreements have recently made headlines in Michigan after it was reported that three high-ranking departing state officials were paid severance amounts ranging from slightly more than $11,000 up to $155,506.00. In this regard, I was recently interviewed by the Detroit News reporter, Craig Mauger, about using severance agreements concerning the payout to Robert Gordo, the former state health department director. Here’s an excerpt of what I said: … executive separation agreements usually include…

A recent Michigan Court of Appeals decision shows the value in smartly drafting your employment applications and related hiring documents so they double to protect the business from employment discrimination claims.    Going Deeper:  Specifically, a case captioned McMillon v. City of Kalamazoo, (MI Court of App. Jan. 21, 2021) involved a plaintiff who applied for a position with the Kalamazoo Department of Public Safety in 2004. As part of the 2004 hiring process, she…

A recent court opinion is a cautionary tale for business owners and entrepreneurs and their attorneys about the importance of protecting attorney-client communications. It is also a reminder of how easily that privilege can be inadvertently waived and the downstream impact it can have on noncompete disputes. The Decision The court opinion comes from a case in Michigan federal court, Prudential Defense Solutions, Inc. v. Graham et al., Case No. 20-11785. The opinion stemmed…

Ecolab Inc. sued a former marketing manager, Preston Alexander, alleging he used stolen trade secrets to set up a rival business in violation of the federal Defend Trade Secrets Act and related claims. Ecolab seeks the immediate return of its confidential information and damages for contract breach and trade secret misappropriation. Why it Matters: Ecolab’s lawsuit offers several lessons for companies and individuals about the importance of protecting intellectual property rights like trade secrets and…

Michigan Governor Gretchen Whitmer signed into law bipartisan legislation known as the “COVID-19 Response and Reopening Liability Assurance Act” (COVID Assurance Act). Why it Matters: This Act provides protections to Michigan workers relating to the spread of COVID-19 and protecting businesses that implement strict safety measures to keep workers, customers, and their families safe. Further, it is retroactive to March 1, 2020. The Act was praised by labor and business organizations alike. It is supported…

The Michigan Supreme Court, in a divided opinion, recently invalidated  Michigan’s Emergency Powers of Governor Act of 1945, MCL 10.31 et seq. This was the statute under which Governor Whitmer issued a number of COVID-19 executive orders. Those orders, therefore, will now be void by the end of October. The case is Midwest Inst of Health, PLLC v Governor of Michigan (In re Certified Questions from the United States Dist Court), _ Mich __, __…