Issue: An employee has provided a Return to Work Authorization Form from their physician following approved leave pursuant to the Family and Medical Leave Act (FMLA).  FMLA requires the employee to return to their original position. Question: Can the employer require the employee to take additional medical and/or work functionality tests before reinstating the employee to their original position? as a condition of restoring employees whose need for leave under the […]

2012 Tax Planning for Fiscal Cliff Now that the election is over, our federal government has to address the “Fiscal Cliff” created by the Budget Control Act of 2011.  The Fiscal Cliff involves several tax increases, the expiration of the Bush Era tax cuts, along with cuts in government spending. Unless the Senate and the House come to a resolution, there are several tax provisions that will expire or be […]

Greg Grant of the Firm’s Traverse City office recently obtained dismissals of two cases on behalf of a Northern Michigan County building official and electrical inspector.  In June 2011, the decedent, a 17-year old male, and his friend were walking along a floating dock at a busy City-owned marina.  The decedent jumped off the dock and into the marina water and was immediately electrocuted.  His best friend, and plaintiff in […]

A high school secretary is charged with statutory rape of a student. Another teacher is found with a student in his motel room. A middle school teacher is convicted of molesting three students. What is happening in our schools? How can school districts protect students, as well as prevent false claims and civil lawsuits? In California, a school district can be found liable for sexual abuse committed by an employee […]

As Michigan’s largest private employers try to cut back, they have been addressing the promises they made in more prosperous decades to fund retiree health care costs and defined benefit pensions. The results have uniformly led to cuts to or elimination of those benefits. Now comes the turn of state and local governments. The Government Accounting Standard Board is set to implement new rules next year that will require states, […]

Changes were recently made to the Michigan Statute governing recovery of damages for theft. The Conversion Statute now allows a person to get three times the amount of actual damages sustained from a person who stole or embezzled property for their own use. To support a claim, the defendant must have obtained the property without the owners consent and must have an obligation to return the property to the rightful […]

The National Labor Relations Board (NLRB) has finally classified a longstanding dispute over whether certain “charge nurses” can be considered “supervisory” and therefore excluded from coverage under the NLRA. This case may also serve to clarify the status of other managerial employees. The NLRB determined that nurses, who serve permanently as charge nurses “on every shift they work” must be considered “supervisors.” Even though these nurses do not have employees […]

The Michigan Supreme Court’s decision in the case of Rakestraw v General Dynamics Land Systems, Inc. clarified whether a disability produced as a result of symptomatic aggravation of a pre-existing, non-work-related medical condition was compensable. The Supreme Court held the claimant must establish more than the aggravation of symptomatology from a pre-existing, non-work-related condition for that claim to be compensable based upon aggravation of that condition by work-related factors. However, […]

Recently, CMDA attorneys Ronald Acho and son James Acho successfully disposed of a case that garnered some local publicity. A police officer sued a local municipality for retaliatory discharge, when the municipal police department discharged the officer from his employment, based on performance. The officer had filed some inter-departmental complaints and felt that his termination was in retaliation by the police department for filing the complaints. Thankfully, we were able […]

With more and more workers relying on e-mail and other forms of electronic communication, there is a natural tendency to occasionally use the company e-mail for personal matters. In earlier issues of On Law, we summarized the employer’s right to view e-mails vs. the employee’s right of privacy. The rule has been: provided the employer provides the employee with notice that an employee’s e-mail at the office does not have […]