Takeaway: Employers should be careful to avoid sending written communications that could support employment law claims.
When an employee cannot show a causal connection between a communication and an adverse action, the employer should be able to obtain summary judgment on the claims, a recent federal appeals court decision shows.
Yunion is a nonprofit organization that provides educational programming and Family Services to at-risk youth in the Detroit area. Yunion relies on grants and public funding to operate. The nonprofit had a relationship with Wayne County, Mich., through contracts that funded its diversion department, which supported students with an elevated risk of juvenile delinquency.
While Yunion historically relied on independent contractors to provide services, in 2018, Yunion and Wayne County implemented a new model that would fund a full-time case manager position. Yunion relied on projected Wayne County reimbursements to maintain this position.
The plaintiff had been an independent contractor with Yunion, serving as an educator. When the full-time case manager position opened, the plaintiff applied and got the job. In this new role, she monitored the students who worked with the diversion department and helped direct them to community resources, performing onsite filing to keep track of assistance to students. She was a strong employee who did not experience issues with her performance.
In May 2019, a pipe burst on the second floor of the Yunion’s...
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