Michigan Compiled Laws
Mich. Comp. Laws § 35.404 (2026)
Veterans; rejection of application for public employment, remedy.
✓ current as of July 2026
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PREFERENCE IN EMPLOYMENT
Act 205 of 1897
35.404 Veterans; rejection of application for public employment, remedy.
Sec. 4.
In case the application of any such soldier, sailor or marine, shall be rejected by the person having the power of appointment to the position for which he has applied, he shall be entitled to remedy therefor by mandamus to enforce the provisions of this act.
History: Add. 1907, Act 329, Eff. Sept. 28, 1907 ;-- CL 1915, 1044 ;-- CL 1929, 903 ;-- CL 1948, 35.404
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2006–2025 · leading case: Carter v. Ann Arbor City Attorney, 722 N.W.2d 243 (Mich. Ct. App. 2006).
Carter v. Ann Arbor City Attorney, 722 N.W.2d 243 (Mich. Ct. App. 2006). “[MCL 35.404.] Applying Vorva to the facts of this case, plaintiff failed to demonstrate that he was entitled to a writ of mandamus.”
Potter v. Harbor Springs, City of (W.D. Mich. 2025). “” Mich. Comp. Laws § 35.404 . This underscores the VPA’s mechanism to hold governmental entities as well as individuals accountable.”
Jason Holsapple v. Troy Cunningham (6th Cir. 2020). “Furthermore, as Cunningham notes, even if Holsapple was pursuing a claim under the Michigan Veteran’s Preference Act, he has improperly invoked the statute, because according to Mich. Comp. Laws 35.404, a veteran who is rejected for “the position for which he has applied []…”
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