labor and employment Archives

Law Offices of Carson J. Tucker Secures Victory for Employer and Insurer – No Liability for Workers’ Compensation Benefits

on July 25, 2019May 12, 2020 By Carson J Tucker, JD MSEL

Scott v TKMS and Travelers

Former Employee’s Alleged Criminal Activities Relevant to Determine “Wage Earning Capacity” for Purposes of Assessing Entitlement to Workers Compensation Benefits

on February 27, 2015May 12, 2020 By Carson J Tucker, JD MSEL

In a case I brought to the Michigan Supreme Court, which remanded in Omian v Chrysler, 495 Mich. 859 (2013), to the Court of Appeals for consideration of my appeal, the Michigan Court of Appeals has now reversed the decision I originally appealed. In Omian v. Chrysler.COA.Published, the Court of Appeals agreed that evidence of [...]

Employee’s Reporting of Potential Future Violation of Law, Regulation or Rule Sufficient to Trigger “Protected Activity” Element in Whistleblower’s Protection Act Claim

on February 27, 2015May 12, 2020 By Carson J Tucker, JD MSEL

In Pace v. Jessica Edel-Harrelson, et al, issued on February 24, 2015, the Michigan Court of Appeals addressed a Whistleblowers Protection Act claim. There are two remarkable points to the case. The first is that the COA panel (Shapiro, Gleicher and Roynayne-Krause) holds that reporting a suspected future violation of a regulation, law or rule is sufficient to trigger [...]

Supreme Court Affirms Important Principle Regarding What Truly Constitutes a “Genuine” and Therefore “Material” Question of Fact Sufficient to Survive a Summary Motion for Judgment

on October 4, 2013May 12, 2020 By Carson J Tucker, JD MSEL

In Fuhr v. Trinity Health Corp., et al., Supreme Court No. 147158, the Michigan Supreme Court peremptorily reversed the Court of Appeals decision to affirm denial of summary judgment to the defendants (hospital) in a Whistleblower's Protection Act (WPA) lawsuit filed by a former employee. The plaintiff alleged he was terminated because of a call he placed [...]