Heckmann v. Detroit Chief of Police
267 Mich. App. 480, 705 N.W.2d 689 (2005)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under Michigan's Whistleblowers' Protection Act (WPA), an employee is not required to exhaust administrative or union remedies before filing a claim, and an adverse employment action can include threats of termination, not just formal discharge or demotion. A public employee satisfies the statutory requirement of reporting to a 'public body' by reporting misconduct within their department to a separate government entity, such as the mayor's office.
Facts:
- Eric Heckmann, a principal accountant in the Detroit Police Department's fiscal operations section (FOS), observed what he believed to be financial misconduct.
- In August 2002, Heckmann sent a memorandum about the misconduct to Deputy Chief Brenda Goss Andrews but received no response.
- On September 11, 2002, Heckmann wrote a five-page letter to the new police chief detailing allegations of mismanagement, fraud, and misuse of funds.
- Heckmann also forwarded copies of the letter to Detroit Mayor Kwame Kilpatrick and to his union president.
- On April 8, 2003, Heckmann met with Andrews and other supervisors to discuss his letter.
- During the meeting, Andrews allegedly told Heckmann that he should 'start looking for a job elsewhere' if he kept 'making waves.'
- Two days later, a memorandum was issued that assigned Heckmann only four job duties while other employees received ten or more.
- Heckmann also alleged that after the meeting, his supervisors began to socially isolate him at work.
Procedural Posture:
- Plaintiff Eric Heckmann filed a lawsuit in the trial court against his employer and supervisors.
- Heckmann's complaint alleged a violation of the Whistleblowers’ Protection Act (WPA) and intentional infliction of emotional distress.
- The defendants moved for summary disposition, arguing the claim should be dismissed without a trial.
- The trial court granted the defendants' motion for summary disposition on all counts.
- Heckmann, as the appellant, appealed the trial court's decision to the Michigan Court of Appeals.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does an employee state a valid claim under Michigan's Whistleblowers' Protection Act (WPA) by alleging retaliatory threats and a reduction of duties without first exhausting union grievance procedures?
Opinions:
Majority - Per Curiam
Yes, an employee can state a valid claim under these circumstances. The Whistleblowers' Protection Act (WPA) does not require an employee to exhaust administrative or union remedies before filing a statutory claim. The rights under the WPA are distinct from contractual rights under a collective bargaining agreement, and imposing an exhaustion requirement would frustrate the statute's purpose, especially given its short 90-day statute of limitations. Furthermore, the WPA explicitly prohibits an employer from 'threatening' an employee for protected activity. A reasonable juror could find that the statement to 'start looking for a job elsewhere' constituted a threat of discharge in retaliation for Heckmann's letter, which is sufficient to qualify as an adverse employment action under the act and survive summary disposition.
Analysis:
This decision reinforces the strength of Michigan's Whistleblowers' Protection Act by clarifying that its protections are not contingent on exhausting other remedies, such as union grievances. It broadens the judicial interpretation of an 'adverse employment action' beyond tangible actions like termination or demotion to include credible threats, thereby preventing employers from using intimidation to silence whistleblowers. The ruling also provides important guidance for public employees, confirming that reporting wrongdoing to a separate public entity (like the mayor's office about the police department) satisfies the WPA's statutory requirements, even if both are part of the same municipal government.
