On January 12, 2010, the Michigan Court of Appeals issued Upton v. Phoenix Composite Solutions in which it affirmed a trial court's decision granting an employer's motion to summarily dispose of a former-employee's whistleblower claim. Specifically, the Court agreed with the trial court's finding that plaintiff failed to establish that "there existed a causal connection between the protected activity and the discharge," despite her demonstration that she was fired a mere two days after the Department of Labor issued a ruling on her behalf regarding unpaid overtime. In doing so, the Court reiterated that "a temporal relationship, standing alone, does not demonstrate a causal connection between the protected activity and any adverse employment action . . . a plaintiff must show something more than merely a coincidence in time between protected activity and adverse employment action."
Click here for a copy of the Court's decision.
Click here for a copy of the Whistleblowers' Protection Act.
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