Employment Litigation

Michigan Employment Litigation Attorneys for Employees and Employers

 

The Miller Law Firm has extensive experience in employment law matters. We have represented employers and employees, individually and in class actions, in courts arbitrations and administrative proceedings throughout the United States.

The Miller Law Firm also works proactively with its clients to ensure legal compliance by drafting and reviewing Affirmative Action Plans and Employment Handbooks and policies to ensure that they comport with the requirements of various federal and state laws.

Contact Miller Law to discuss your employment litigation needs.

 

 

EMPLOYER-SIDE EMPLOYMENT CASE RESULT

Breach of Commission Defense

 

Our client was sued in a class action by current and former employees in Arkansas alleging that our client failed to pay them appropriate commissions. The potential class consisted of hundreds of employees seeking millions of dollars in commissions and an injunction for future commissions.

 

After defeating a class certification motion, The Miller Law Firm, P.C. got the case dismissed without any payments to any of the plaintiffs.

 

EMPLOYER-SIDE EMPLOYMENT CASE RESULT

Breach of Fiduciary Duty

 

Our client funded a company and hired the defendant to be its president and a 5% owner. After several years, the business grew significantly and the parties attempted to negotiate a sale of the business to the defendant.
 

When the parties were unable to agree on a sale price, our client suspected that the defendant had been stealing money. It then terminated the defendant who immediately went into business in competition with our client. Our client filed suit, and during litigation discovered that the defendant had diverted money from the business by sending invoices to customers in the name of a fictitious company that were paid by checks sent to him at his home address.
 

The court wrote an opinion granting our motion for partial summary disposition in which it held that the defendant had breached his fiduciary duties to our client.

 

EMPLOYER-SIDE EMPLOYMENT LITIGATION CASE RESULT

Discrimination Litigation

 

Our client, who has facilities in both Michigan and Kentucky, was sued in Kentucky federal court by a former employee asserting claims of sex, age, disability discrimination and retaliation for filing charges with the Equal Employment Opportunity Commission (“EEOC”). The plaintiff had been disciplined approximately two months after settling an EEOC charge.
 

The Miller Law Firm proved that the plaintiff had been working another job while on Family Medical Leave, and obtained summary judgment by convincing the court that there was no disputed issues of fact and that the reason for the plaintiff’s discipline was not a pretext.
 

Our client was sued in federal court by a former vice president asserting federal and state law claims of disability discrimination after he was suspended for 30 days, sent to a fitness-for-duty examination, and ultimately terminated. The plaintiff demanded millions of dollars claiming he was discriminated against for protesting the fitness-for-duty examination and because he was bi-polar. The defendant maintained that its discipline of the plaintiff stemmed entirely from the plaintiff’s habitual abuse of co-workers, repetitive absences from work, and his inability to effectively lead the company.
 

The Miller Law Firm was able to facilitate a settlement of this matter prior to the close of discovery for substantially less than costs of defense.

 

EMPLOYER-SIDE EMPLOYMENT LITIGATION CASE RESULT

Fair Labor Standard Act Trial

 

Our client owned a small family business and was sued by a former employee who claimed that he had not been paid overtime compensation for over three years. The plaintiff claimed that he worked over 60 hours each week, but was only paid a salary based upon 40-hour work week. Our client asserted that the employee was exempt under FLSA because he was considered a manager and therefore not entitled to overtime compensation.
 

After a jury trial, the jury ruled in favor of our client and entered a judgment of no-cause of action against the former employee.

 

EMPLOYER-SIDE EMPLOYMENT CASE RESULT

Fair Labor Standards Act (Minimum Wage and Overtime) – Collective Action

 

Our client, a staffing business that supplied H-2B visa holders to perform temporary labor to landscapers was sued in a purported collective action for allegedly violating the Fair Labor Standards Act by failing to pay minimum wages as a result of charging employees for travel expenses from Mexico.
 

The case ended up settling for a nominal amount to the four named plaintiffs, rather than on a collective action basis.

 

EMPLOYER-SIDE EMPLOYMENT CASE RESULT

Family Medical Leave Defense

 

Our client was sued in federal court by a long-term employee for alleged violation of the Family Medical Leave Act, Breach of Contract and Wrongful Termination. The Miller Law Firm quickly resolved the matter with no payment to the plaintiff.
 

After sending a comprehensive letter threatening sanctions, the plaintiff agreed to voluntarily dismiss the Complaint with prejudice, avoiding significant expenditure of fees for our client.

 

EMPLOYER-SIDE EMPLOYMENT CASE RESULT

Enforcement of Confidentiality and Non-Compete Agreement

 

Our client, a durable medical goods sales company, brought an action to enforce a non-competition agreement with a former at-will employee and to obtain damages from a competitor that conspired with the former employee.
 

The firm obtained a preliminary injunction against the former employee and obtained a significant cash settlement with the competitor.

 

EMPLOYEE-SIDE EMPLOYMENT CASE RESULT

Breach of Employee Incentive Compensation Plan Class Action

 

The Miller Law Firm obtained a $14.4 million settlement, representing 100 percent of the plaintiffs’ damages, on behalf of a nation-wide class of employees of a medical software company who claimed their incentive-based bonuses were unfairly reduced. The employees alleged that their employer breached its incentive compensation plan by unilaterally and retroactively instituting a 30 percent across-the-board reduction of their annual bonuses. The employer argued that the bonuses were discretionary, and that the company’s senior management had the right to reduce employee bonuses at any time.
 

After the Court certified the case as a class action, The Miller Law Firm successfully obtained partial summary judgment in favor of the plaintiffs on their breach of contract claim.

 

EMPLOYEE-SIDE EMPLOYMENT CASE RESULT

Fair Labor Standards Act (Minimum Wage and Overtime) – Collective Action

 

The Miller Law Firm brought a collective action on behalf of over 75 current and former employees of a company for a violation of the Fair Labor Standards Act for failing to pay employees required overtime compensation for time spent changing into and out of required clothing and protective gear. After two years of hotly contested litigation, this case settled for double damages awardable under FLSA for an employer’s lack of good faith, with the employees obtaining compensation for their time spent changing over the course of three years – a penalty awardable under FLSA for an employer’s willful conduct.