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…
Tesla sued a former engineer for trade secret misappropriation on January 21, 2021. It obtained an ex parte temporary restraining order the next day.
Why it matters:
In our experience representing clients in pursuing and defending against these kinds of claims, this case is a good reminder for companies and former employees about the importance of protecting trade secrets and risks when it comes to taking – intentionally or otherwise – an employer’s trade secrets.…
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 __, __…
Today, Mr. Trump was released from the hospital after three days of being treated for COVID-19. He returned to the Whitehouse to immediately provide an egregious example that no company should follow when it comes to COVID-19.
Specifically, Mr. Trump decided to pose for an obvious photo and video shoot in the Whitehouse by removed his mask. This happened at a time when there is increasing concern by White House staffers and employees who have…
A Michigan based company was recently sued for allegedly firing its assistant manager after contracting the COVID-19 virus. The suit claims this firing violated the Families First Coronavirus Response Act, the Emergency Paid Sick Leave Act, the Family Medical Leave Act, and Michigan Executive Order 2020-36.
Why It Matters:
Two things stand out about this lawsuit. First, you have an employer who appears to have gone to significant lengths to protect customers and staff from…
Michigan’s Dept. of Labor and Economic Opportunity (LEO) and Michigan Occupational Safety and Health Administration (MIOSHA) launched a new program focused on supporting Michigan businesses to reopen safely in response to the COVID-19 pandemic.
The program is called the MIOSHA Ambassador Program. It offers education and one-on-one guidance to help businesses understand regulations on workplace safety.
Why it Matters:
Whenever a state or federal government announces programs to assist companies, I’m reminded of Ronald Reagan’s …
One Big Thing in Michigan COVID-19 News:
On August 21, 2020, U.S. Federal Court Judge Paul Maloney of the Western District Court for Michigan issued an order denying a motion for a preliminary injunction over the State of Michigan’s testing requirements for agricultural and food processing workers.
What’s Next:
This was a preliminary order for injunctive relief. So the lawsuit (Castillo v Whitmer, Case No. 1:20-cv-751) will theoretically continue. But as explained below, the Judge…