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,