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 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 person in violation of this section may file a complaint” with the Department of Labor of Economic Opportunity (LEO) within 30 days after the violation and, upon receipt, LEO’s Occupational Health and Safety Administration will conduct an investigation, determine if a violation occurred, and order appropriate relief, including reinstatement. MCL 408.1065(2). Although some have considered that an adequate remedy for alleged retaliation, the Michigan Supreme Court did not believe so. Accordingly, in addition to the remedies provided in the Act, the Court recently upheld the right of employees to bring ...