Employee Discipline: Michigan

Federal law and guidance on this subject should be reviewed together with this section.

Author: Daniel Cohen, Ogletree Deakins

Summary

• For purposes of wiretapping laws, Michigan is a one party consent state with respect to recording meetings, including those involving discipline. See Recording Meetings.
• Although Michigan law allows individuals to carry concealed weapons with a permit, employers have a right to limit weapons in the workplace. See Discipline Regarding Guns in the Workplace.
• Michigan law provides for a smoke-free workplace with very limited exceptions. See Smoke-Free Air Law.
• Michigan law prohibits employers from using a polygraph test or even requesting an employee take a polygraph test. See Lie Detector Law.
• Michigan employers are generally free to require employees to undergo drug testing, but should require employees to sign consent forms to protect against invasion of privacy claims, which are recognized in Michigan. See Drug and Alcohol Testing.
• Michigan law prohibits employers from requiring genetic testing as a condition of employment. See Genetic Testing.
• Michigan employers must exercise caution when disciplining certain employees for absences from work, especially when those absences may be the result of a protected leave. See Attendance.
• Michigan law allows an action for employee breaches of their fiduciary duties to their employers. See Workplace Theft and Breach of Fiduciary Duty.
• Michigan law allows an action for misappropriation of trade secrets. See Workplace Theft; Breach of Fiduciary Duty.
• Employers should exercise caution when disciplining employees who are members of protected classes. See Prohibited Discrimination.
• Employers should exercise caution when disciplining employees who have engaged in protected activities. See Retaliation and Other Statutory Prohibitions.
• Employers may be liable for a number of claims with respect to disciplinary action. See Employer Liability Regarding Employee Discipline.
• Disciplinary records are personnel records under Michigan law and should be maintained for a minimum of six years following an employee's last day worked. See Bullard-Plawecki Employee Right to Know Act.
• Localities including Ann Arbor, Detroit and Grand Rapids have requirements pertaining to employee discipline. See Local Requirements.