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Wrongful Termination Archives

After the Passage of Proposal 1: Employers Can Still Fire Employees for Recreational Use of Marijuana

Legalization Map.pngMichigan voters recently voted to pass Proposal 1, a proposal to legalize the recreational use and possession of marijuana for persons 21 years of age and older. Although the proposal passed, as of November 2018, the results have not yet been certified and marijuana remains prohibited under state law. Once it becomes legal, it will still take some time before sales licensed by the state will begin.

Miller Cohen Attorney Robert Fetter obtains a historic $5.5 million back pay award on behalf of four wrongfully terminated union members.

In a dispute which lasted nearly nine years, attorney Robert Fetter argued that four court officers, each a member of AFSCME Council 25 and its Local 917, were wrongfully terminated from 36th District Court real estate division between 2004 and 2007. "Normally, arbitration decisions regarding discharges occur six months to a year after the person's discharge," according to Fetter. "But you have to have a willing partner on the other side, which we just have not had in this situation," Fetter added. "It's gone through years of litigation without 36th District Court doing anything unless ordered to do so." Initially, the employer refused to arbitrate the case at all. The award was subsequent to Fetter's successful efforts before the Michigan Supreme Court which found that the arbitrator had the authority to award reinstatement and back pay.

ABA American Bar Association | NELA
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Bruce Miller
Richard Mack
Super Lawyers | Rising Stars Rising Stars 2016
Robert Fetter
Andrea Hamm

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