Court of Appeals dismisses doctor's Elliot-Larson and Whistleblower claims
Pino Colone, M.D., sent an e-mail to 37 other co-workers at the University of Michigan Hospital, alleging inappropriate conduct including sexual harassment and abuse of patient safety standards. In response, he argued, the Hospital reassigned Colone from the University Hospital's Emergency Department to another hospital. He filed a lawsuit, alleged that he was reassigned in retaliation for a protected communication.
The University sought to dismiss Colone's claim, but the trial court refused. On appeal, the Court of Appeals reversed the lower court's decision. It held that the Plaintiff's mass e-mail did not report a violation of law or make any charge under the ELCRA [civil rights act], and therefore was not protected activity. Further, it noted that he had not proved that his reassignment to W.A. Foote Hospital was related to earlier protected activity because Colone could not provide any corroboration for his claim of retaliation.