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Appeals Court overturns trial judge and summarily dismisses employee's age discrimination claim


The Michigan Court of Appeals overturned the local trial judge and summarily dismissed the employee's age discrimination claim in Miles v. City of Bay City.  The judge had rejected summary disposition, finding the City's 10-day suspension of Miles and its' imposition of a "last-chance agreement" leaving Miles on the precipice of discharge, was an "adverse employment action."  Unbelieveably, the appellate court reversed this finding and held that Miles had suffered no "materially adverse change in the terms and conditions of his employment."

The City had ruled that Miles breached a "violence in the workplace" rule and imposed the above discipline.  Miles argued that the City's findings and the discipline imposed by the City rendered his employment intolerable and his working conditions unreasonable.  He resigned, arguing that he was the victim of "constructive discharge."  The higher court disagreed and ruled that a jury could not conclude that his resignation was anything other than voluntary.

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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