Animal shelter attendant withstands summary disposition in Court of Appeals

In Dennis v Wexford Cty Sheriff's Dept, No. 325574 (Mich Ct App Jun 7, 2016) a part-time attendant at the Wexford County animal shelter reported concerns that animal control officers were improperly euthanizing animals and mishandling funds. Prior to her reports, the employee expressed an interest in becoming an animal control officer and was permitted to perform additional duties outside her job description; but, after her reports, she alleged she was no longer allowed to perform certain duties and she was instructed to call in every week for her schedule, which she testified resulted in reduced hours. Pointing to the attendant's testimony regarding her schedule changes and reduced hours, the Michigan Court of Appeals concluded the attendant submitted ample evidence to show she suffered an adverse employment action under the Whistle-Blowers' Protection Act, MCL 15.361, et seq., and ultimately reversed summary disposition as to the Wexford County Sheriff's Department and County of Wexford.

While the Court did not rule on the other alleged changes to the attendant's duties, it did express its disagreement with the trial court's "apparent belief" that these changes "necessarily" did not amount to discrimination regarding the terms, conditions, locations, or privileges of her employment.

The case has recently been appealed to the Michigan Supreme Court by leave application.

EMPLOYMENT LAW WHISTLEBLOWER CASES