Mich. Comp. Laws » Michigan Compiled Laws / Chapter 423 / Act 397 of 1978

Mich. Comp. Laws § 423.511

Violation; action to compel compliance; jurisdiction; contempt; damages.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

BULLARD-PLAWECKI EMPLOYEE RIGHT TO KNOW ACT


Act 397 of 1978


423.511 Violation; action to compel compliance; jurisdiction; contempt; damages.

Sec. 11.

    If an employer violates this act, an employee may commence an action in the circuit court to compel compliance with this act. The circuit court for the county in which the complainant resides, the circuit court for the county in which the complainant is employed, or the circuit court for the county in which the personnel record is maintained shall have jurisdiction to issue the order. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee prevailing in an action pursuant to this act the following damages:

    (a) For a violation of this act, actual damages plus costs.

    (b) For a wilful and knowing violation of this act, $200.00 plus costs, reasonable attorney's fees, and actual damages.

History: 1978, Act 397, Eff. Jan. 1, 1979

PopularName Notes:

Right-to-Know
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1998–2026 · leading case: McMANAMON v. REDFORD CHARTER TOWNSHIP
Sort: Relevance Newest Treatment
McMANAMON v. REDFORD CHARTER TOWNSHIP (2003) michctapp · cites it 24× “[MCL 423.511.] Plaintiff argues that the court erred in granting defendant's motion for summary disposition because § 11 of ERKA granted plaintiff a remedy based on a substantive violation of the act.”
Russell v. Bronson Heating and Cooling (2004) mied · cites it 10× “MCL § 423.511 Plaintiff argues that Defendants BHC and BCN violated the Bullard-Plawecki Right to Know Act by willfully and knowingly refusing to hand over Plaintiffs personnel file.”
McManamon v. Redford Charter Township (2006) michctapp · cites it 4× “[T]he court shall award an employee prevailing in an action pursuant to this act the following damages: (a) For a violation of this act, actual damages plus costs.”
Anzaldua v. Band (1998) mich · cites it 2× “(b) For a wilful and knowing violation of this act, $200.00 plus costs, reasonable attorney's fees, and actual damages.”
Scuderi v. Monumental Life Insurance (2004) mied · cites it 2× “§ 423.511(a). (It is only if a "willful and knowing” violation of the Act is established that the plaintiff is entitled to $200 statutory damages, plus costs and attorney's fees, and actual damages.”
Ramirez v. International Business Machines Corp. (2011) mied · cites it 2× “(quoting Mich. Comp. Laws § 423.511 (a)-(b)). That Defendant claims it has fully complied with its obligations under the Act does not, as a matter of law, preclude Plaintiff from stating a claim for relief under the Act.”
White v. Loomis Armored US, Inc. (2010) mied · cites it 2× “” Mich. Comp. Laws § 423.511 (a)-(b). Comparing the relief afforded by these statutes, it is evident that the plaintiffs will achieve the greatest relief under the PPA.”
Earl D Booth v. Department of Corrections (2018) michctapp · cites it 4× “Plaintiff correctly observes that MCL 423.511 specifically provides that actions under the ERKA may be brought in the circuit court.”
Earl D Booth v. Department of Corrections (2018) michctapp · cites it 4× “Plaintiff correctly observes that MCL 423.511 specifically provides that actions under the ERKA may be brought in the circuit court.”
Patel v. Trinity Health Corporation (2021) mied “Laws § 423.511 . Here, there is not sufficient evidence of willfulness: the delay between Patel’s first and second request was at most two months and Patel offers nothing indicating that Trinity’s production of Viral Patel’s file was intentional.”
Adamczyk v. School District of the City of Hamtramck Public Schools (2023) mied “at 316– 17 (citing § 423.511). Plaintiff failed to explain which information in her personnel record is false and presented no evidence that Defendants “knowingly place[d] in the personnel record information which is false.”
Thomas G Stauffer v. Acrisure LLC (2026) michctapp “MCL 423.511. This Court addressed a claim similar to plaintiff’s claim in Sobieski v Takata Seat Belts, Inc, unpublished per curiam opinion of the Court of Appeals, issued August 8, 2006 (Docket No.”
— Mich. Comp. Laws § 423.511(a) — 1 case
Scuderi v. Monumental Life Insurance (2004) mied “§ 423.511(a). (It is only if a "willful and knowing” violation of the Act is established that the plaintiff is entitled to $200 statutory damages, plus costs and attorney's fees, and actual damages.”
— Mich. Comp. Laws § 423.511(b) — 1 case
Scuderi v. Monumental Life Insurance (2004) mied “§ 423.511(a). (It is only if a "willful and knowing” violation of the Act is established that the plaintiff is entitled to $200 statutory damages, plus costs and attorney's fees, and actual damages.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.