suspected violation in Michigan

2024“The WPA provides a remedy for an employee who suffers retaliation for reporting or planning to report a suspected violation of a law, regulation, or rule to a public body.” Anzaldua v Neogen, 292 Mich App 626, 630 ; 808 NW2d 804 (2011).

2024“The WPA provides a remedy for an employee who suffers retaliation for reporting or planning to report a suspected violation of a law, regulation, or rule to a public body.” Anzaldua v Neogen, 292 Mich App 626, 630 ; 808 NW2d 804 (2011).

2022Under the WPA, protected activity consists of “(1) reporting to a public body a violation of a law, regulation, or rule; (2) being about to report such a violation to a public body; or (3) being asked by a public body to participate in an investigation.” MCL 15.362; Chandler, 456 Mich at 399 .10 “[A] plaintiff need not necessarily report an actual violation of a law to receive protection under this provision, as MCL 15.362 explicitly provides protection for a suspected violation of a law.” Pace, 499 Mich at 7 .

2017All that is required is “a suspected violation of a law.” Id. -11- In this context, the contract was a peripheral issue and defense counsel’s remarks about the contract did not affect the outcome.

2019To be a lawful search and seizure, law enforcement must exercise “reasonableness.” People v Beuschlein, 245 Mich App 744, 749 ; 630 NW2d 921 (2001).

2019To be a lawful search and seizure, law enforcement must exercise “reasonableness.” People v Beuschlein, 245 Mich App 744, 749 ; 630 NW2d 921 (2001).

2024“A plaintiff may establish a causal connection through either direct evidence or indirect and circumstantial evidence.” Shaw v City of Ecorse, 283 Mich App 1, 14 ; 770 NW2d 31 (2009).

2024“A plaintiff may establish a causal connection through either direct evidence or indirect and circumstantial evidence.” Shaw v City of Ecorse, 283 Mich App 1, 14 ; 770 NW2d 31 (2009).

2022Under the WPA, protected activity consists of “(1) reporting to a public body a violation of a law, regulation, or rule; (2) being about to report such a violation to a public body; or (3) being asked by a public body to participate in an investigation.” MCL 15.362; Chandler, 456 Mich at 399 .10 “[A] plaintiff need not necessarily report an actual violation of a law to receive protection under this provision, as MCL 15.362 explicitly provides protection for a suspected violation of a law.” Pace, 499 Mich at 7 .

2015The relevant portion of the WPA provides the following: An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a -2- violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report i

2019Under Terry v Ohio, 392 US 1, 20 ; -2- 88 S Ct 1868 ; 20 L Ed 2d 889 (1968), a search or seizure’s reasonableness depends on “whether the officer’s action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.” “A traffic stop for a suspected violation of law is a ‘seizure’ of the occupants of the vehicle and therefore must be conducted in accordance with the Fourth Amendment.” Heien v North Carolina, 574 US 54 , ___; 135 S Ct 530, 536 ; 190 L Ed 2d 475 (2014) (quotation marks and citations omitte

2019Under Terry v Ohio, 392 US 1, 20 ; -2- 88 S Ct 1868 ; 20 L Ed 2d 889 (1968), a search or seizure’s reasonableness depends on “whether the officer’s action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.” “A traffic stop for a suspected violation of law is a ‘seizure’ of the occupants of the vehicle and therefore must be conducted in accordance with the Fourth Amendment.” Heien v North Carolina, 574 US 54 , ___; 135 S Ct 530, 536 ; 190 L Ed 2d 475 (2014) (quotation marks and citations omitte

2017Id. at 11 .

2017Id. at 11 .

2007They are construed together as one law, regardless of whether they contain any reference to one another.” Omne Financial, Inc v Shacks, Inc, 460 Mich 305, 312 ; 596 NW2d 591 (1999), citing State Treasurer v Schuster, 456 Mich 408, 417 ; 572 NW2d 628 (1998).

2007They are construed together as one law, regardless of whether they contain any reference to one another.” Omne Financial, Inc v Shacks, Inc, 460 Mich 305, 312 ; 596 NW2d 591 (1999), citing State Treasurer v Schuster, 456 Mich 408, 417 ; 572 NW2d 628 (1998).

2007They are construed together as one law, regardless of whether they contain any reference to one another.” Omne Financial, Inc v Shacks, Inc, 460 Mich 305, 312 ; 596 NW2d 591 (1999), citing State Treasurer v Schuster, 456 Mich 408, 417 ; 572 NW2d 628 (1998).

2007They are construed together as one law, regardless of whether they contain any reference to one another.” Omne Financial, Inc v Shacks, Inc, 460 Mich 305, 312 ; 596 NW2d 591 (1999), citing State Treasurer v Schuster, 456 Mich 408, 417 ; 572 NW2d 628 (1998).

2024Henry, 234 Mich App at 409 .

2023In Debano-Griffin v Lake Co, 493 Mich 167, 171, 175-176 ; 828 NW2d 634 (2013), the Court applied the burden-shifting framework from McDonnell Douglas Corp v Green, 411 US 792 ; 93 S Ct 1817 ; 36 L Ed 2d 668 (1973), to claims under the WPA, explaining: Because whistleblower claims are analogous to other antiretaliation employment claims brought under employment discrimination statutes prohibiting various discriminatory animuses, they should receive treatment under the standards of proof of those analogous claims.

2023In Debano-Griffin v Lake Co, 493 Mich 167, 171, 175-176 ; 828 NW2d 634 (2013), the Court applied the burden-shifting framework from McDonnell Douglas Corp v Green, 411 US 792 ; 93 S Ct 1817 ; 36 L Ed 2d 668 (1973), to claims under the WPA, explaining: Because whistleblower claims are analogous to other antiretaliation employment claims brought under employment discrimination statutes prohibiting various discriminatory animuses, they should receive treatment under the standards of proof of those analogous claims.

2022As this Court explained in People v Jones, 260 Mich App 424, 429 ; 678 NW2d 627 (2004): An investigatory stop, which is limited to a brief and nonintrusive detention, constitutes a Fourth Amendment seizure.

2022As this Court explained in People v Jones, 260 Mich App 424, 429 ; 678 NW2d 627 (2004): An investigatory stop, which is limited to a brief and nonintrusive detention, constitutes a Fourth Amendment seizure.

2016The “Fourth Amendment permits a police officer to make a brief investigative stop (a “Terry stop”) and detain a person if the officer has a reasonable, articulable suspicion that criminal activity is afoot.” People v Steele, 292 Mich App 308, 314 ; 806 NW2d 753 (2011), citing Terry v Ohio, 392 US 1, 30-31 ; 88 S Ct 1868 ; 20 L Ed 2d 889 (1968).

2016The “Fourth Amendment permits a police officer to make a brief investigative stop (a “Terry stop”) and detain a person if the officer has a reasonable, articulable suspicion that criminal activity is afoot.” People v Steele, 292 Mich App 308, 314 ; 806 NW2d 753 (2011), citing Terry v Ohio, 392 US 1, 30-31 ; 88 S Ct 1868 ; 20 L Ed 2d 889 (1968).

2016“An automobile stop is thus subject to the constitutional imperative that it not be ‘unreasonable’ under the circumstances.” Whren v United States, 517 US 806, 810 ; 116 S Ct 1769 ; 135 L Ed 2d 89 (1996).

2016“An automobile stop is thus subject to the constitutional imperative that it not be ‘unreasonable’ under the circumstances.” Whren v United States, 517 US 806, 810 ; 116 S Ct 1769 ; 135 L Ed 2d 89 (1996).

2015In Debano-Griffin v Lake Co, 486 Mich 938 (2010), 5 the Supreme Court reversed this Court’s opinion holding that the plaintiff had not engaged in protected activity under the WPA.

2015Because the plaintiff reported a suspected violation of an actual law, it is unnecessary to address whether the reporting of a suspected violation of a suspected law constitutes protected activity. [Debano-Griffin, 486 Mich at 938 .] As in Debano-Griffin , this case does not involve a suspected violation of a suspected law.

2015The primary purpose of the Supreme Court’s latest remand order in this case, Whitman v City of Burton, 497 Mich 896 (2014), is to enable this Court to determine whether Wurtz v Beecher Metro Dist, 495 Mich 242 ; 848 NW2d 121 (2014), impacts the outcome of the case.

2015The primary purpose of the Supreme Court’s latest remand order in this case, Whitman v City of Burton, 497 Mich 896 (2014), is to enable this Court to determine whether Wurtz v Beecher Metro Dist, 495 Mich 242 ; 848 NW2d 121 (2014), impacts the outcome of the case.

2013Manzo, 261 Mich App at 712-713 .

1997Accordingly, when the evidence is viewed in the light most favorable to plaintiff, Hatfield, supra, p 325 ; Severn, supra, p 412 , she made a report of a violation or a suspected violation of a law or regulation or rule.

1997Accordingly, when the evidence is viewed in the light most favorable to plaintiff, Hatfield, supra, p 325 ; Severn, supra, p 412 , she made a report of a violation or a suspected violation of a law or regulation or rule.

1997Plaintiff has offered no evidence which suggests that the Michigan Legislature intended the Whistleblowers Act to be used as an offensive weapon by disgruntled employees.” Wolcott, supra at 1066 . vn For these reasons, we hold that plaintiff presented sufficient facts upon which reasonable minds could conclude that she was “about to report” a suspected violation.

1995The dissenting opinion of Judge CONNOR in Kaufman & Payton, PC v Nikkila, 200 Mich App *130 250, 259; 503 NW2d 728 (1993), eloquently makes the point: The Whistleblowers Protection Act ... makes it unlawful for an employer to discriminate against an employee because the employee is about to report a suspected violation of law....

1995The dissenting opinion of Judge Connor in Kaufman & Payton, PC v Nikkila, 200 Mich App 250, 259 ; 503 NW2d 728 (1993), eloquently makes the point: The Whistleblowers Protection Act . . . makes it unlawful for an employer to discriminate against an employee because the employee is about to report a suspected violation of law. . . .