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EMPLOYMENT APPEAL OPENS DOOR TO ADDITIONAL DAMAGES
FOR FIRED “AT WILL” EMPLOYEE FALSELY ACCUSED OF HARASSMENT |
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James N. McNally and attorney Donald Gasiorek of Sommers Schwartz recently won an important appeal in an employment case. Their client, John Everton, sued a co-worker after he was fired. He argued that the co-worker had falsely accused him of sexual harassment, which amounted to wrongful interference with his employment relationship. The co-worker filed a motion to dismiss the case without a trial, arguing that even if he was wrongfully fired, Mr. Everton was not entitled to damages because he was an “at-will” employee who could have been fired at any time and for any reason, and therefore he had no assurances of continued employment from which he sustained a loss of income. The trial court agreed with the co-worker, and summarily dismissed the case. McNally filed an appeal at the Michigan Court of Appeals, arguing that the issue of damages for “at will” employees discharged contrary to law was to be decided by a jury after a trial. In support, McNally cited a newly decided case from the Court of Appeals that stood for that proposition. The employer’s attorneys opposed the appeal, arguing that the new case did not apply to Mr. Everton’s situation. The Court of Appeals agreed with McNally. In a published opinion – which means the court considered the decision to be an important one to Michigan law – the court ruled that the trial court committed a legal error when it dismissed the case, and the Court of Appeals reinstated the lawsuit. [Everton v Williams, published opinion of Michigan Court of Appeals, Docket #264554, decided March 23, 2006]
PRACTICE TIP: Although employees terminated from “at will” employment will have a difficult time proving damages, at least the law will not assume that any such damages are minimal (and below the circuit court’s jurisdictional amount).
Jim McNally Appeals |
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JAMES N. McNALLY Attorney at Law Specializing in Appeals Civil –
Criminal – State – Federal – Workers Comp P.O. Box 13 St. Clair Shores, Michigan 48080-0013 (313) 378-6060 |
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