Michigan Whistleblower Law
Whistleblowers protected under common law “public policy” tort, but coverage under the Michigan Whistleblower Protection Act may be exclusive.
Court Decisions:
- Suchodolski v. Michigan Consolidated Gas Company, 316 N.W.2d 710 (Mich. 1982);
- Pace v. Edel-Harrelson, Supreme Court Docket No. 151374 (Mich. 2016)
- Dudewicz v. Norris-Schmid, Inc., 503 N.W.2d 645 (Mich. 1993) (common law claims covered under Michigan’s whistleblower law are preempted) (overruled in part by Brown v. Mayor of Detroit, 2007)
- Kimmelman v. Heather Downs, 753 N.W.2d 265 (Mich. App. 2008) (claim barred under Michigan WPA’s ninety-day statute of limitations)
- Sventko v. Kroger Company, 245 N.W.2d 151 (Mich. App. 1976)
Statutes:
- Whistleblower Protection Act, MI Comp L § 15.361–15.369 (general law)
- MI Comp L § 333.16244 (public health)
Frequently Asked Questions
Does Michigan have a False Claims Act (FCA)?
Yes. The Michigan Medical False Claim Act allows people to bring suits under the state’s social welfare act.
Does the Michigan FCA have a whistleblower provision?
Yes. A whistleblower, under the Michigan Medical False Claim Act, may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention.
Does Michigan recognize the public policy exception for wrongful termination?
Yes. Michigan recognizes the exception to at-will employment that prohibits an employer to fire someone based on a refusal to violate public policy.
