Statute of limitations for Whistleblower runs from date of termination, not suspension

Jane Mortimer alleged that she was terminated from her employment as the Alpena County Probate Court Register in retaliation for questioning the judge's practice of appointing "standby" guardians. She was suspended with pay on May 19, 2008, but was not terminated until June 21, after she failed to respond to a proposed set of conditions. She filed a lawsuit on September 11, however the trial court granted the Defendant's motion for summary disposition based on failure to comply with the 90-day statute of limitations for a whistleblower claim. The Court of Appeals reversed the lower court's decision and distinguished this case from a prior case where the court defined the "date of discharge" as the "last day worked." The panel considered another prior case to be more persuasive precedent, where no discharge act had been completed on the "last day worked."