Court Enforces 1-Year Limit on Ex-Employee Suit!

The employment application provided that an employee agreed NOT to bring any claim against the employer more than 1-year after the actual incident or the date of the termination of employment. The Michigan Court of Appeals held that the employee waived the 3-year statute of limitations and a shorter 1-year limitation does not violate public policy.

            Even more salient was the ex-employees claim was brought under the Persons with Disabilities Civil Rights Act (PWDCRA) as “unconscionable”. The Court rejected the claim because the ex-employee signed the employment application acknowledging that he read and understood the terms and conditions of his employment.

            So now we have a clear law in Michigan favoring employers limiting claims by ex-employees to 6-months in employee handbooks and 1-year in employment applications.

            See Sams v. Common Ground,

http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20170131_C329600_41_329600.OPN.PDF

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