On July 21, 2009, the Michigan Supreme Court ruled in McNeil v Charlevoix County, 2009 Mich. LEXIS 1572, that a local health agency had the authority to require employers to adhere to a more strict regulation regarding workplace smoking than was required under state law. In addition, the Court ruled that (a) the local regulation gave employees a private right of action to seek the regulation’s enforcement and prohibit employers from retaliating against the employee, and (b) the local regulation prohibited an employer from discharging, refusing to hire, or otherwise retaliating against an employee for exercising his or her rights under the regulation.
Among other arguments, the Plaintiffs contended that the regulation violated the common-law right of an employer to discharge an employee at will and, therefore, was void. However, the Michigan Supreme Court rejected the argument, citing the well established case, Suchodolski v Michigan Consolidated Gas Co., and holding that an employer is not free to discharge an employee at will when the reason for the discharge contravenes public policy. 412 Mich 692, 695 (1982).
Michigan is an “employment-at-will” state. This means that private sector employers can hire and fire employees for any reason, unless that reason is illegal. Likewise, employees can quit for any reason. Exceptions to this rule include when an employment contract exists or when the reason for discharge is against public policy, as was the case in McNeil v Charlevoix County.
Michigan is not one of the thirty states that has adopted smoker’s rights laws. Therefore, while most Michigan private sector employers may be permitted to hire or fire an employee based on their smoking habits, a regulation like the one highlighted in this recent Michigan Supreme Court decision provide employees who smoke certain rights even in the at-will employment setting under the public policy exception to the Michigan at-will employment doctrine.
This article was written by Natalie C. Najarian, Associate at Demorest Law Firm. Click here to view her professional resume.
