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Posts by Corey Q. Wheaton

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Photo of Dykema Labor & Employment Law Blog Corey Q. Wheaton
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cwheaton@dykema.com
313-568-5379
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Showing 3 posts by Corey Q. Wheaton.

A Michigan Employer Avoids Sexual Harassment Liability Through Proper Investigation and Employee Discipline

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment as a form of discrimination based on sex. A recent spate of high-profile sexual harassment claims has brought increased public awareness of sexual harassment in the workplace. As a result, many have predicted a sharp increase in sexual harassment claims in the near future. Whether or not this prediction comes to fruition, employers must have policies and measures in place which address complaints of sexual harassment and prevent further harassing behavior. Appropriate responses to sexual harassment claims serve to protect employees and help to defeat hostile work environment claims, as illustrated in Beauvais v. City of Inkster, 2017 U.S. Dist. LEXIS 185577 (E.D. Mich. Nov. 9, 2017). Read More ›

Sixth Circuit Rules That Consistent Enforcement of Zero-Tolerance Policy Wins the Day

Earlier this week, a unanimous Sixth Circuit Court panel affirmed a district court’s summary judgment ruling in favor of an employer and a union where two terminated employees asserted they had been selectively discharged under a strict company policy and their union failed to fairly represent them when declining to pursue arbitration. Read More ›

Employers Beware: Employees May Disparage You Without Risking Their Jobs

On March 25, 2016, the U.S. Court of Appeals upheld a finding by the National Labor Relations Board (NLRB) that Jimmy John’s sandwich makers were wrongfully terminated after posting hundreds of signs insinuating that the sandwiches they make could make customers sick. According to the NLRB and the court, those employees were engaging in concerted activities protected under the National Labor Relations Act (NLRA).  MikLin Enterprises v. NLRB, Case No. 14-3099 (8th Cir. Mar. 25, 2016). Read More ›