Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

Michigan Court of Appeals holds employee's jury verdict should be overturned, based on employment manual statute of limitations

In Posselius v. Springer Pulishing Co., the plaintiff filed a lawsuit alleging gender discrimination by her employer and retaliation.  The trial judge rejected the employer's claims for summary disposition, and the jury concluded that her claim was justified.  Nevertheless, the employer appealed the jury verdict, arguing that when Posselius acknowledged receipt of the company's Employment Handbook, she agreed to a six-month statute of limitations on filing any kind of suit against the employer. On that basis, the employer argued that since she allowed one year to pass between the improper behavior and filing suit, her lawsuit was brought too late and her valid claim was waived.

Sadly, two of the three appellate judges agreed with the employer and wiped out Posselius' jury verdict, including the dismissal of her claim of illegal retaliation. In Michigan, your employer can require you to waive substantial legal and civil rights in return for your "continued employment" -- just by making you sign acknowledging receipt of the handbook that recites your "agreement"--no matter how onerous or unreasonable.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262