Representing employers in non-compete, trade secret, wrongful termination, discrimination, and wage disputes.
The firm represents employers. It defends Michigan businesses against claims brought by current and former employees, and it acts for businesses when a departing employee takes customers, staff, or confidential information. The firm does not represent individual employees in claims against their employers.
Employment in Michigan is presumed to be at will, but that presumption can be overcome by a written or implied promise of termination only for just cause, by a discharge that violates public policy, or by retaliation that a statute forbids, including under the Whistleblowers’ Protection Act, MCL 15.361 et seq. The firm defends these claims, beginning with the offer letter, handbook, and personnel file that usually decide whether the presumption holds.
The firm defends businesses against discrimination, harassment, and retaliation claims under the Elliott-Larsen Civil Rights Act, the Persons with Disabilities Civil Rights Act, and the federal statutes enforced by the Equal Employment Opportunity Commission. The work runs from the response to an agency charge through litigation in the Michigan circuit courts or the federal district courts.
Claims for unpaid overtime, misclassification of employees as exempt or as independent contractors, and unpaid commissions arise under the Fair Labor Standards Act, Michigan’s Improved Workforce Opportunity Wage Act, and the Payment of Wages and Fringe Benefits Act. The firm defends employers against these claims and reviews pay practices when a claim suggests a wider problem.
Michigan enforces a non-competition agreement that protects an employer’s reasonable competitive business interests and is reasonable in duration, geographic area, and type of work, under MCL 445.774a. The firm enforces these covenants for employers, defends businesses accused of hiring someone bound by another company’s covenant, and brings and defends claims under the Michigan Uniform Trade Secrets Act and the federal Defend Trade Secrets Act. These disputes often begin with a motion for a temporary restraining order in the first weeks.
The firm also drafts the documents that shape these cases later: offer letters, employment and separation agreements, confidentiality and non-competition covenants, and handbook policies. Disputes involving owner-employees often overlap with shareholder and member disputes.
Yes, if they are reasonable. Under MCL 445.774a, a court will enforce a non-compete that protects an employer’s reasonable competitive business interests and is reasonable in duration, geographic area, and the type of work it restricts. If a covenant goes too far, the court may narrow it and enforce it as limited, but a carefully drafted agreement avoids leaving that decision to the court.
For almost any reason, but not an unlawful one. An employer may not discharge an employee because of a protected characteristic such as race, sex, age, religion, or disability, in retaliation for protected activity such as reporting a suspected violation of law, or for a reason that violates public policy. A handbook, offer letter, or verbal assurance can also create a promise of termination only for just cause, so those documents should be reviewed before the decision is made.
Under MCL 15.363(1), a civil action under the Whistleblowers’ Protection Act must be brought within 90 days after the alleged violation. That is much shorter than the deadlines for most other employment claims, and other claims arising from the same termination, such as discrimination claims, have their own deadlines. Employers should preserve the personnel file, emails, and records of the decision as soon as a claim is threatened.
Note the response deadline in the agency’s notice, preserve all relevant records, including emails and text messages, and make sure no one takes action against the employee that could look like retaliation. The employer’s position statement can later be used in a lawsuit, so it should be accurate, consistent with the documents, and reviewed by counsel before it is submitted.
Act quickly. Michigan’s Uniform Trade Secrets Act and the federal Defend Trade Secrets Act allow a business to ask a court to stop actual or threatened misappropriation and to recover damages, and temporary relief can sometimes be obtained early in the case. The strength of the claim often depends on what the business did beforehand to keep the information confidential, such as confidentiality agreements, limits on access, and clear marking.
It can be. Whether a worker is an employee depends on the actual working relationship, not the label in the contract, and the tests under the Fair Labor Standards Act, Michigan wage law, and tax and unemployment laws are not identical. A misclassified worker may claim unpaid overtime and other amounts, so the arrangement is best reviewed before a dispute arises.
These answers are general information about Michigan and federal law, not legal advice about your situation. Contacting the firm does not create an attorney-client relationship.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.