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Oral argument will be heard in a case where the Michigan Court of Appeals affirmed summary disposition for an employer on a former employee’s claim that he was discharged in violation of public policy.
This isn’t the first trip to the high court for Stegall v. Resource Technology Corporation (MiLW 07-106394, 10 pages). In 2022, the justices granted leave to appeal to address if the appellate court erred when it held that the defendants were entitled to summary disposition of the plaintiff’s claim that he was discharged in violation of public policy.
On remand, the appellate court was to further consider several issues, including if the plaintiff had established a prima facie claim that he was discharged in violation of public policy and if his public-policy claim was nevertheless preempted by state or federal law.
In a February 2023 published decision, Judge Kathleen Jansen said “summary disposition in favor of defendants is appropriate because plaintiff’s public-policy claim is preempted by OSHA and MiOSHA, and the trial court reached the correct result in granting summary disposition to defendants with respect to the public-policy claim.”
Judge Elizabeth L. Gleicher dissented.
“At its core, this case concerns a question the Supreme Court did not ask: whether the cause of action for public-policy tort described in Suchodolski v Mich Consol Gas Co … has continuing vitality given the Supreme Court’s subsequent decision in Dudewicz v Norris-Schmid,...
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