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Employment Law

Failing to ask for 2nd and 3rd medical certs doesn’t bar later challenge to FMLA eligibility

05/01/2007

Under the FMLA, employers who don’t ask for a second or third certification of an employee’s serious health condition aren’t forever barred from challenging the employee’s condition, as a recent Michigan case shows ...

Tell managers: Keep unsolicited dietary advice to yourself

05/01/2007

Michigan has one of the toughest weight discrimination laws in the country—a law that can trip up supervisors who innocently offer diet tips. It’s crucial to train management staff to recognize that discussion concerning an employee’s weight is off-limits …

Even Years Later, ‘Getting Even’ Can Still Be Retaliation

05/01/2007

Title VII of the Civil Rights Act makes it illegal to retaliate against employees who complain about discrimination. Ordinarily, employees must show a strong time-related connection between their initial complaint and the alleged retaliation. However, employees can file years later if they can show that the individual who allegedly retaliated waited until he was in a position to order a payback …

Employee’s release holds in asbestos-Related cancer case

05/01/2007

The Michigan Court of Appeals recently ruled that a Grand Trunk Western Railroad employee who signed a liability release for asbestosis in return for a cash settlement could not sue later on when he developed lung cancer …

Employees to pay $2.26 million as workers’ comp suit backfires

05/01/2007

In a highly unusual decision, a U.S. District judge issued a default judgment against 84 former factory workers who filed workers’ compensation claims against their employer, Bath Unlimited, owned by Michigan-based Masco …

Grand Rapids finds the legal costs alone can kill you

05/01/2007

The 6th Circuit Court of Appeals recently ruled in favor of a Grand Rapids police officer who was suspended as “unfit for duty” after she filed a sex discrimination lawsuit against the city of Grand Rapids. Now here’s the rest of the story …

Staph infection breeds claims in addition to bacteria

05/01/2007

A former registered nurse for the Oakland County jail has sued the county after she contracted a drug-resistant, flesh-eating staphylococcus bacterial infection while working at the jail …

Court Administrator’s Job Cut by Bible-Thumping Judge

05/01/2007

A state judge who allegedly rants about “devil’s weed” and “Satan’s surge” while attaching biblical verses to legal opinions is being sued after he axed a deputy court administrator’s position in his office …

Security-Breach Notification Onus Falls on Michigan Employers

05/01/2007

Michigan employers will have a new set of responsibilities when the state’s new security-breach notification law takes effect on July 2. Under the law, owners and licensers of databases are required to notify Michigan residents whose personal information has been accessed by an unauthorized person. Failure to provide timely notice will subject employers to both fines and civil lawsuits …

Direct deposit requires employee’s written consent

05/01/2007

Q. We have been told by our accounting office that the company could save a great deal of money if it could get away from the payroll practice of providing employees with checks, and instead go to a direct-deposit arrangement. We have both a non-union work force and a small group in a union. Can we go ahead and implement such a change, or negotiate a change with the union?—M.B.