Sheehan & Associates, P.L.C.

Employment Litigation Archives

Using family or medical leave as a Michigan state employee

The Michigan state government follows federal protocols when it comes to family or medical leave. The federal Family and Medical Leave Act, or FMLA, allows for up to 12 weeks of protected leave that is unpaid for employees in certain situations. If you have worked for a total of 12 months for the state of Michigan within the last seven years, you may be eligible for the state's FMLA benefit.

Can you be fired because of suffering from an illness?

When you think about the things that you can be fired for, you probably think one that could result in your termination would be taking off work for an illness. In some cases, illnesses are actually protected; for instance, if a woman gives birth, she can't be fired for needing to go to the hospital or for having to take time off. If you need emergency surgery and miss a shift, you shouldn't be fired for that.

Harassment still common in academic medicine industry

The world of academic medicine is fueled by highly educated individuals, many of whom are doctors. Historically, the industry featured a mostly male student and eventual employee makeup, though today females account for a much larger percent of individuals in the field. In a National Institutes of Health survey on the subject of sexual harassment, participants were all K08 or K23 grant recipients and approximately 46 percent were women.

CEO sues company after termination of contract

When you work for a company for many years, you pour your time and talent into it. As a CEO, you're in charge of much of the daily work going on, and you should be treated fairly. Still, that doesn't always happen, like in this case of of former GreenPath CEO who is now suing her former company over the ending of her career.

Volkswagen employee claims wrongful termination

When mistakes are made in business, those mistakes can sometimes lead to major concerns with the government. For instance, Volkswagen has been accused of doctoring some of its reports on emissions, which is a serious crime. If you report issues like these, you shouldn't be retaliated against. That's why whistle blower protections are in place.

Your responsibilities as an employer to stop harassment

Did you know that if you employ people within your business, you have certain responsibilities toward those individuals? The type of financial responsibilities you have depends on the type of business you run, how many people you have employed and the nature of your employment agreements with those individuals. However, all employers do have some type of responsibility to stop, manage and investigate harassment and discrimination.

Do your employees understand what harassment is?

As a business, a sexual harassment claim can be disastrous for your finances and your brand. Even if you are victorious in the end, any press that is generated could make it difficult to hire the best employees in the future and can have an impact on how your customers and potential customers see your brand. One way to avoid some of these issues is to ensure all your staff are educated about what sexual harassment is so you don't have supervisors or others engaging in such behavior.

Using Michigan's noncompete law

If you want your employees to sign a noncompete agreement when they are hired by your business, you want to be certain that those agreements would be valid and enforceable. As the employer, you may wish to make your agreement as inclusive as possible to limit the potential for harm to your business should an employee decide to leave.

Are your employees properly classified?

Anyone who has operated a business here in Michigan knows that business litigation is never a good result. It means somewhere, somehow, something broke down. Payments were not received, products or services were not provided or some other problem occurred that has left the courtroom as the final step to resolve the dispute.

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