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A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach within a specific timeframe. While PIPs sound good in theory, they have recently come under criticism from employees, HR professionals, and even employment lawyers. …
Continue reading “Should You Use a Performance Improvement Plan?”
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 unsafe working conditions, among other things. MCL 408.1065(1). Any employee who “believes that he or she was discharged or otherwise discriminated against by a …
On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct under the Family and Medical Leave Act (“FMLA”). Milmen v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir. …
Continue reading “The 6th Circuit Clarifies Retaliation Under the FMLA”
On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual orientation. Rouch World LLC v Department of Civil Rights, No. 162482, July 28, 2022. Background There are two sets of background …
A strong workforce is a critical component for an employer’s success, and work is at least as important for employees. Work is a source of much more than income. It is a source of dignity and self-worth for employees. As a result, employment terminations can have high stakes, because of the risks of litigation and …
Continue reading “Practical Considerations in Employment Terminations”
Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO) personnel to support a retaliation claim under Title VII. Several courts have held that HR and EEO personnel are not engaged in protected activity if they are simply doing the job they were hired …
Continue reading “PERFORMANCE OF REGULAR JOB DUTIES AS PROTECTED ACTIVITY FOR DISCRIMINATION CLAIMS”
A Last Chance Agreement (“LCA”) is an agreement between the employee and the employer, usually as a last effort to avoid termination, where the employee must agree to the LCA as a condition of employment to keep their job. An LCA is typically structured so the employee agrees that if the employee engages in one …
Mandatory arbitration agreements for employment claims have been increasingly criticized, but that criticism has increased dramatically for sexual harassment cases. The #MeToo movement has generated significant pressure to exclude sexual harassment claims from mandatory employment arbitration agreements, and proposed legislation federally and in various states seeks to bar mandatory arbitration agreements or at least to …
This month the United States Supreme Court declined to review the Seventh Circuit Court of Appeals’ decision in Severson v. Heartland Woodcraft, Inc. The Plaintiff asked the Supreme Court to consider whether there is a per se rule that a finite leave of absence of more than one month (after the employee had exhausted his …
Continue reading “United States Supreme Court Declines Review of Seventh Circuit ADA Leave Decision”