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Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Can an Expert Define and Determine What Constitutes Discrimination?

In employment discrimination cases, the parties often retain experts to opine about various aspects of the case. An expert may provide, for example, insight as to job performance issues or, in many instances, determine the...more

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Don’t Delay, Arbitrate Today—Supreme Court Removes Requirement To Demonstrate Prejudice In Asserting Waiver Of Right To...

Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a...more

Michigan Court of Appeals Holds that Violating Code of Ethics a Legitimate, Non-Discriminatory Reason for Termination

On July 23, 2019, the Michigan Court of Appeals affirmed dismissal of an age-discrimination complaint against a bank where the bank’s internal investigation revealed that the plaintiff violated its code-of-ethics policy. ...more

The Sixth Circuit Reaffirms the “Less Burdensome” Standard for Adverse Actions in Retaliation Claims and Upholds Punitive Damages...

In a decision designated for publication, the United States Court of Appeals for the Sixth Circuit issued an order reaffirming the “less burdensome” standard for “material adverse actions” in retaliation claims and upheld...more

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

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