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Claim of unlawful discharge based on false drug test result is dismissed based on contract limitation period.

Antoine Guilder sued his employer, United Solar Ovonic, and the Pontiac Osteopathic Hospital.  He alleged that he was wrongfully terminated, based on the employer's mistaken claim that he had "alter[ed] a drug test" administered by Pontiac Osteo on behalf of the employer. The Court of Appeals judges hearing his appeal pointed out that the "Engler Majority" of Michigan's Supreme Court had decided, in 2005, that employers and insurers can arbitrarily shorten statutes of limitations in employment and insurance contracts.  In Guilder's case, United Solar's employment contract required that he sue within six months, or his claim would be dismissed as "stale."  It also protected any agent or employee of United Solar. Thus, even if Guilder was wrongfully fired due to a misunderstanding between the employer and its drug-testing agent, Michigan law allowed him no recourse.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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