Michigan Whistleblower Retaliation: Know Your Rights

Overview of Michigan’s Whistleblowers’ Protection Act

Michigan’s Whistleblowers’ Protection Act (WPA) makes it unlawful for an employer to discharge, threaten, or otherwise discriminate against an employee because the employee reports, or is about to report, a violation or suspected violation of law to a public body, or because the employee is requested by a public body to participate in an investigation, hearing, or inquiry. See MCL 15.362. The statute applies to public and private employers.

Who is Protected

The WPA protects employees who report—or are about to report—a violation or suspected violation of a law, regulation, or rule to a public body, and those requested by a public body to participate in an investigation, hearing, or inquiry. See MCL 15.362. The Act’s definitions, including who qualifies as an employee and what counts as a public body, are in MCL 15.361. The WPA focuses on reports of suspected violations; you do not have to prove an actual violation occurred to be protected.

Note: The definition of public body is specific and focuses largely on state and local government entities, the judiciary, and law enforcement. See MCL 15.361(d). Internal complaints to your employer may be important, but they are not, by themselves, WPA-protected unless they involve reporting to, or being about to report to, a qualifying public body. See, for example, Shallal v Catholic Social Services of Wayne County, 455 Mich 604 (1997).

What Counts as Retaliation

Prohibited retaliation includes discharging, threatening, or otherwise discriminating against an employee with respect to compensation, terms, conditions, location, or privileges of employment because of protected activity. Examples often include termination, demotion, suspension, reduction in pay or hours, denial of promotion or benefits, or materially disadvantageous changes to duties or shifts. See MCL 15.362.

Reporting a Suspected Violation

The WPA protects reports to a public body, such as a state agency, local government entity, law enforcement, or the courts, as defined in MCL 15.361(d). Best practices include:

• Make your report in writing when possible.
• State the law or regulation you believe was violated, if known.
• Keep copies of what you submit and any responses.
• If you are about to report, document your intent and why you suspect a legal violation.

Internal complaints may help with documentation and policy compliance, but WPA protection centers on reporting to, or participating with, a public body. See Shallal.

Proving a Whistleblower Retaliation Claim

Michigan courts generally require a plaintiff to show: (1) engagement in protected activity under the WPA (reporting or being about to report to a public body, or participation requested by a public body); (2) an adverse employment action; and (3) a causal connection between the two. Employer knowledge of the protected activity typically bears on causation and proof. See Debano-Griffin v Lake County, 493 Mich 167 (2013); Roulston v Tendercare (Michigan), Inc., 239 Mich App 270 (2000). Employers may assert legitimate, non-retaliatory reasons for their actions; employees can seek to show those reasons are pretextual.

Evidence and Documentation Tips

• Keep contemporaneous notes of what you observed, when you reported, and to whom.
• Preserve emails, texts, memos, and performance records.
• Save copies of any report or complaint filed with a public body and any response received.
• Note the timing of any adverse actions after your report.
• Follow employer policies and do not destroy or improperly remove confidential information.

Remedies Available

If you prevail, courts may order remedies such as reinstatement, back pay, reinstatement of fringe benefits and seniority rights, and other appropriate injunctive or equitable relief. The WPA also authorizes recovery of actual damages and, in some cases, reasonable attorney fees and costs as provided by statute. See MCL 15.363.

How Employers Defend These Claims

Common defenses include arguing that no protected activity occurred under the WPA, that decision-makers were unaware of protected activity, that adverse actions were taken for legitimate business reasons (for example, performance or restructuring), that no causal connection exists, or that the report was not made to a qualifying public body.

Practical Steps if You Suspect Retaliation

• Mind deadlines: WPA claims generally must be filed within 90 days of the alleged violation. Missing this window can bar your claim. See MCL 15.363(1).
• Consult counsel early to assess strategy, including whether to file in court or pursue other administrative avenues, and how to preserve evidence.
• Continue performing your job duties if safe and feasible, and avoid conduct that could be characterized as insubordination.
• Consider interim measures (leave, transfer, accommodation) while matters are investigated.
• Maintain required confidentiality while safeguarding your right to report to public bodies.

Interaction with Other Laws

Your situation may also implicate other laws, such as anti-discrimination statutes, wage and hour laws, occupational safety rules, or industry-specific regulations. Those regimes have their own standards, procedures, and filing deadlines. Your choice of forum and timing can affect your options.

FAQ

Do internal complaints count under the WPA?

Internal complaints alone are generally not protected unless they involve reporting to, or being about to report to, a qualifying public body. Evidence of internal complaints can still be important for documentation.

What is a public body under Michigan law?

It includes state and local government entities, law enforcement, the judiciary, and other entities defined in MCL 15.361(d). Private employers are not public bodies for WPA purposes.

How long do I have to file a WPA claim?

Typically 90 days from the alleged violation. Courts strictly enforce this deadline.

Can I report anonymously?

Some public bodies accept anonymous reports, but anonymity can affect proof that your employer knew about the protected activity, which can be relevant to causation.

What if I was already terminated?

You may still bring a WPA claim if you meet the statute’s requirements and file within the deadline. Remedies can include reinstatement and back pay.

Why Legal Advice Matters

Determining whether conduct is protected, which forum to choose, and how to gather and preserve evidence are fact-intensive questions. An attorney can evaluate your report, the employer’s stated reasons, and the available remedies—and help you act before critical deadlines expire.

Get Help

If you believe you’ve experienced whistleblower retaliation in Michigan, contact our team to discuss your options. Request a confidential consultation.

Sources

• Michigan Legislature — Whistleblowers’ Protection Act, 1980 PA 469 (MCL 15.361 et seq.)
• MCL 15.361 (Definitions)
• MCL 15.362 (Prohibited employer conduct)
• MCL 15.363 (Employee civil action; remedies; 90-day filing period)
• Debano-Griffin v Lake County, 493 Mich 167 (2013)
• Roulston v Tendercare (Michigan), Inc., 239 Mich App 270 (2000)
• Shallal v Catholic Social Services of Wayne County, 455 Mich 604 (1997)