Whistleblower claim over working conditions is dismissed
Lynn Fox was fired from Sheridan Books, Inc., immediately after she recruited her husband to call MIOSHA to complain about working conditions while the employer's roof was being replaced. Although Fox never told the employer that she had called, the employer immediately suspected her because "she was the only employee who complained" and a janitor had told supervisors that he heard her on the phone complaining to someone. The supervisors were angry over the MIOSHA inquiry and afterwards they began monitoring Fox's e-mail. They then used a breach of e-mail rules to terminate her.
Two Republican appointees to the bench ruled that Fox hadn't presented enough evidence to survive summary disposition because her only non-speculative proof was the close temporal connection between her government complaint and her firing. The dissenting judge pointed out that the majority was interpreting the evidence in favor of the moving party, rather than against it, and that Fox had presented evidence that went beyond speculation. Nevertheless, the case was dismissed.