Category: Civil Rights

UIA CLASS ACTION LAWSUIT-WHAT YOU NEED TO KNOW  

Posted on by Blanchard & Walker

Since the first lawsuit against the Unemployment Agency (UIA), the biggest question we get is “how do I join“. Potentially hundreds of thousands of Michiganders have been subject to illegal collection activity or had payments suspended as alleged in the Saunders and Kreps lawsuits. The short answer is that those potentially impacted must wait for court approval and will receive notice (more on this at how to join a class action).

10/26/2022 UPDATE: CLASS CERTIFICATION REQUESTED. Saunders Lawsuit Plaintiffs have submitted their Motion for Class Certification and await a ruling from the court.

To learn more about the allegations against the UIA collection practices, read on. Continue reading “UIA CLASS ACTION LAWSUIT-WHAT YOU NEED TO KNOW  “ →

Time Magazine: The Fight for Working Mothers

Posted on by Blanchard & Walker
SOUTHFIELD, MICHIGAN – Brown lost her job after requesting time away from work to care for her son and niece who had COVID-19. (Brittany Greeson for TIME)

Read about our client’s struggle in Time Magazine this week.  Tamara Brown was denied the right to work from home during the COVID-19 pandemic and fired for having child care responsibilities. Despite federal law and leave rights, employers who did not keep up with the law have done wrong to so many Michigan workers: fired when they should receive paid leave; forcing working moms to choose between family safety and a right to keep a job. Nobody should be forced to make that choice.

Continue reading “Time Magazine: The Fight for Working Mothers” →

STANDING UP FOR COVID-19 WORKPLACE SAFETY WHISTLEBLOWERS

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In the middle of the COVID-19 pandemic, Azanean Petty was forced to choose between her safety and her job at the Wayne County Juvenile Detention Facility when her employer denied her request to wear a protective mask while working in an environment with insufficient sanitation measures and inadequate social distancing. Ms. Petty was forced to hand in her resignation after she spoke up about safety concerns and refused to work without a mask for the protection of herself, the juvenile detainees, and the other employees in the facility.

Her attorney Angela Walker filed the Whistleblower Lawsuit in Wayne County Circuit Court.  “Although the facility had apparently received N-95 masks for their employees, they told my client she was not allowed to wear it inside where the inmates are housed Continue reading “STANDING UP FOR COVID-19 WORKPLACE SAFETY WHISTLEBLOWERS” →

Blanchard & Walker Law PLLC: Ruling Provides Warning for Mandatory Handbook Restrictions

Posted on by Blanchard & Walker
Administrative ruling sends a warning shot for overreaching and oppressive employment contracts.

Blanchard & Walker clients win in case tried under the National Labor Relations Act. Trial verdict provides a warning for employers seeking to impose workplace communication restrictions.

The Motor City Pawn Brokers ruling confirms that oppressive handbook requirements banning everything from communications with former employees to social media postings violate the National Labor Relations Act, and firing people for Continue reading “Blanchard & Walker Law PLLC: Ruling Provides Warning for Mandatory Handbook Restrictions” →

ACLU calls charges against Michigan Senate candidate unconstitutional

Posted on by Blanchard & Walker

MLive reports on the latest court filing in the prosecution of Anuja Rajendra for political speech;  Blanchard & Walker Attorneys David Blanchard and Frances Hollander on the brief.

When the law overreaches into constitutionally protected speech, ACLU cooperating attorneys step forward.  Continue reading “ACLU calls charges against Michigan Senate candidate unconstitutional” →

New EEOC Guidance on Illegal Retaliation (PDF link)

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The US Equal Employment Opportunity Commission (EEOC) reports that retaliation claims for protected reporting and other protected conduct have overtaken discrimination claims altogether.  It’s not that hard to imagine that the only thing your employer hates more than discrimination at work is actually talking about discrimination work.  Now, the EEOC has finally issued new retaliation guidance explaining the scope of protected reporting under the federal anti-discrimination laws AND the scope of employment actions that will be considered illegal retaliation.

Read on to discover how the EEOC now thinks about WORKPLACE RETALIATION and the new guidelines they will use Continue reading “New EEOC Guidance on Illegal Retaliation (PDF link)” →

Major Breakthrough in the Fight Against Unemployment “Robo-Fraud” Determinations as State Announces Plans to Review Old Determinations.

Posted on by Blanchard & Walker

Since at least 2013, the Michigan’s Unemployment Insurance System has had its computers set on data-mining old claims data, sometimes going back up to six years, to find data discrepancies and automatically issue “Robo-Fraud” determinations against unemployment claimants.

Now, just more than a year after we filed the federal court lawsuit challenging the constitutionality of the state’s unemployment fraud accusations, the UIA is showing the first signs of a break under mounting pressure from multiple quartersHouse Testimony.  In April, the federal judge hearing the constitutional challenge issued an Order denying the State’s motion to dismiss and clearing the way for the case to move forward. Meanwhile in Lansing, Reforms to the State System are being contemplated in the Michigan Legislature, where attorney David Blanchard testified last week on the impact of the system for Michigan UIA claimants and on the need to strengthen protections.

Last week saw another major development Continue reading “Major Breakthrough in the Fight Against Unemployment “Robo-Fraud” Determinations as State Announces Plans to Review Old Determinations.” →