Michigan Whistleblower Protection Cases
Whistleblowers are protected under common law “public policy” tort, but coverage under the Michigan Whistleblower Protection Act (WPA) may be exclusive.
Sventko v. Kroger Company, 245 N.W.2d 151 (Mich App. 1976).
Kimmelman v. Heather Downs, 753 N.W.2d 265 (Mich. App. 2008) (holding that the claim was barred under Michigan WPA’s ninety-day statute of limitations).
Pace v. Edel-Harrelson, 870 N.W.2d 745 (Mich. App. 2015) (holding that the WPA provides a remedy for an employee who suffers retaliation for reporting or planning to report a suspected violation of a law, regulation, or rule to a public body).
Michigan has a False Claims Act concerning fraud in government procurement and contracting. False Claims Act claims are generally considered among the best whistleblower claims available. We recommend determining if your case falls within this False Claims Act.
Michigan Medicaid False Claims Act.
*Specific to Medicaid Fraud.
CAUTION: Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies. Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception. Additionally, relevant state case law governing whistleblower protection is often subject to change. We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit. Please read our disclaimer. If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws. If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.
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Updated as of July 2016.