Nacht Law in the News

Media Picks up on Nick Roumel Action to Protect the Rights of Girl Assaulted at School
Posted by: Staff NachtLaw
February 10, 2012

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David Nacht Comments on Supreme Court Ruling in the Hosanna-Tabor "Ministerial Exception" Case
Posted by: Staff NachtLaw
January 31, 2012

Michigan Lawyer's Weekly recently featured an article on the Supreme Court ruling in the Hosanna-Tabor case (for a more detailed explanation of the ruling, please take a look at Edward Macey's January 12th blog post here).  The piece seeks to explain the court's decision to uphold the "ministerial exception," and, specifically, what kind of legal implications it will present going forward.

Firm founder, David Nacht, shared his comments with the paper, stating that while he does not want "religious institutions subjected to hounding by the state," he does wonder "why, for instance, do laws that protect people from, say, misdemeanor crimes apply, but laws that protect people from civil sexual harassment don't?"  He goes on to say that "the impact on a human being in some of hte civil cases in the world of employment law--it's powerful the amount of damage that can be done to people."  If you are interested in reading more about the case and its effect on employees, please check out Michigan Lawyer's Weekly for the full article.

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Nacht Law Files Civil Rights Action to Protect Rights of Michigan Veterans
Posted by: Staff NachtLaw
November 12, 2011

Michigan law provides a right for Michigan Veterans to operate as venders for their own benefit throughout the State, unrestricted by local licensing or permit schemes.   A Federal Court case filed this week alleges the local government of Mackinac Island is infringing that right by adopting a new ordinance in September banning Veteran peddlers as ?unfair competition? to local business and an alleged hazard on its horse and bicycle streets popular with summer tourists. [Read the MLive coverage]

The lawsuit, filed by Benjamin Horn ? an Iraq war veteran - alleges that the Mackinac Island government intentionally cut his peddling business out of the new ordinance after he protested previous attempts to stop his business even though it was explicitly allowed under state law and local ordinance, and even though the Island still permits the same sales through a licensing scheme for non-profits.

Horn's case "shines a spotlight on the protectionist and paternalistic attitudes of Mackinac Island government and its history of using government powers to pick winners and losers in local business" says Horn's attorney, David Blanchard of the Michigan employment and civil rights law firm Nacht, Roumel, Salvatore, Blanchard and Walker.  Mackinac Island settled a long running court battle this year over its attempt to restrict ferry service to the Island by denying permits for one of the only two major ferry operators.  Horn's attorney says this case will turn on interpretation of the State law originally adopted in 1921 to provide a special benefit for Michigan veterans to support themselves by peddling or hawking their goods and wares.  Horn, who has been a life-long resident of the Island, returned from duty in Iraq and Kuwait with an honorable discharge in 2005.

After being told to shut down in 2010, the lawsuit says Horn re-opened his peddling business in 2011 selling water and basic goods from his bicycle in and around the Island.  Next year, Horn worries that officials will use the new ordinance to shut down his business.  The lawsuit asks the federal judge to rule the local ordinance an invalid attempt to deprive him of business rights in violation of state law and in retaliation for exercising his constitutional rights.  The Island's lawyers have not yet responded.

The Complaint filed with the Federal District Court for the Western District of Michigan:

For more information on this case or on veterans rights issues in Michigan, interested parties should contact the Nacht Law Firm at (734) 663-7550.

Read the filed complaint and summons linked below. 

Attachments:
filedsummonsandcomplaint.pdf

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Nacht Law Launches Satellite Office in Traverse City, Michigan for Convenience of Northern Michigan Employees and Clients
Posted by: Staff NachtLaw
October 21, 2011

The Nacht Law Firm is proud to announce a new convenient location to better service our clients in Northern and Western Michigan. The office in Traverse City is easily accessible by the M-31 and M-37 highways, and it is located right in the heart of the city at the intersection of South Union Street and 8^th Street.

Nacht, Roumel, Salvatore, Blanchard & Walker P.C.
520 South Union Street
Traverse City, MI 49684

The attorneys at Nacht Law are dedicated to protecting the rights and interests of individuals and businesses in Traverse City and across the state of Michigan. Nacht Law is a team of experienced litigators, providing advice and representation in all matters employment, civil rights, and business litigation.  In employment matters: our lawyers stand up for the rights of Traverse City whistleblowers,  victims of retaliation, discrimination, harassment,  or those seeking to manage accommodation and medical leave issues, or  unemployment compensation.  Nacht Law lawyers counsel Traverse City businesses and non-profits seeking sound legal advice on personnel policies, human resources, non-compete issues, and business litigation.

 At Nacht Law’s Traverse City office, current and prospective clients alike can expect to receive the same level of service and thoughtful attention to individual legal issues that the Firm has become known for across Michigan - now with one more convenient meeting place. 

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Nacht Law is Hiring: Seeking Mid-Level Associate
Posted by: Staff NachtLaw
October 21, 2011

Nacht Law is looking for an experienced associate who is able to think strategically and has significant deposition and motion practice experience.  Nacht Law is an eight lawyer, sixteen year-old firm with a reputation as a leading Michigan plaintiff employment firm.  We are seeking someone who will be available to work both in Ann Arbor and Troy, Michigan.  

Ann Arbor is a vibrant university town with excellent schools and cultural amenities and median home prices below $250,000. We are half an hour from Detroit Metro Airport, a Delta Airlines hub, and a four-hour drive or train ride to Chicago.  The University of Michigan, Google, Thomson Reuters, and a vibrant engineering and high technology corporate sector provide plenty of spousal career opportunities in Ann Arbor.  The Troy office is located in a safe, pleasant suburban corporate setting in the center of metro-Detroit's business community and five minutes from upscale shopping and restaurants.

Apply in confidence to dnacht@nachtlaw.com. 

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Nacht Law Opens Satellite Office in Troy, Michigan for Convenience of Oakland County Employees and Clients
Posted by: Staff NachtLaw
October 08, 2011

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Attorney Nick Roumel Stands Up for Graduate Student's Rights Against Retaliation by Central Michigan University
Posted by: Staff NachtLaw
October 07, 2011

http://www.cm-life.com/2011/09/21/carrie-stephenson-case/ 

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Nacht Law Prevails at Michigan Department of Labor for Auto Mechanic Illegally Required to Pay for Car Damage
Posted by: Staff NachtLaw
September 27, 2011

The Nacht Law employment lawyers racked up another victory for workers' rights in a final agency decision ruling that refusing to pay employer "kickbacks" is protected conduct and employees may not be fired or retaliated against. Nacht Law attorney David Blanchard filed the claim with Michigan's Department of Labor and Economic Growth on behalf of a client who was fired for refusing to pay an insurance deductible to cover alleged damage to a car where he was working as a mechanic. The case against Lexus of Ann Arbor is remarkable as the first known case upholding the retaliation provisions of the Wage and Fringe Benefits Act to award back pay and reinstatement for an employee who refused to pay illegal kick backs to his employer.

Blanchard said that the case represents a significant victory, even though the letter of the law seems clear on its face: "The plain language of the law should be easy enough to enforce. Unfortunately, several rulings of the Michigan courts have unnecessarily clouded the issue and made it difficult for employees to bring legal claims for what should be a clear right under Michigan law."

The language of the WFBA broadly prohibits any Michigan employer from demanding any "remuneration or consideration" as a condition of employment. Section 13 of the WFBA states that:  "An employer shall not discharge ... an employee because of the exercise by the employee on behalf of an employee or others of a right afforded by this act." MCL 408.483. Mr. Honeycutt exercised the right to not be forced to pay "remuneration or consideration, as a condition of ... continuation of employment" and was terminated for this action. The Michigan Supreme Court affirmed the far-reaching nature of this prohibition in Sands Appliance Servs. v. Wilson, 463 Mich. 231 (2000). In Sands, the plaintiff-employer had sued for enforcement of a "tuition contract" that required its former employee to pay back $50 per week in return for training during his first six years of employment. Under the terms of the contract, the employee owed his former employer $6,500 when he quit his employment. The Supreme Court determined that the contract was not enforceable because it violated Section 8 of the WFBA. The Court held that the statute indicates an intention to "prevent kickbacks or payments of any kind to an employer in return for employment or its continuation." Sands, 463 Mich. at 247 (emphasis added).

Illegal kickbacks are a common problem in many Michigan workplaces, and may lead to wrongful termination for employees that refuse to pay their employers' request for a kickback. Some employers even have explicitly adopted "repayment policies" in violation of the law. Employees commonly impacted by this illegal practice include:

• Auto and tire mechanics charged penalties for alleged damage to cars or vehicles.
• Temporary day workers required to pay a percentage of their day job pay in order to be recalled.
• Food service workers who are charged back for customers who "dine and dash"

The DLEG ruling against Lexus of Ann Arbor finally makes clear that the Michigan Department of Labor has authority to sanction such actions and also require back pay and reinstatement for victims of unlawful job retaliation. Unfortunately, the system set up by the Michigan Wage and Fringe Benefit Act also requires that those wrongfully fired have to file a claim with the agency within 30 days, while the right to bring a WFBA lawsuit in court remains unclear. If you are the victim of a retaliatory job termination for refusing to pay your employer a kickback, filing a timely claim with DLEG is essential. Workers should contact an employment lawyer immediately to seek advice and representation.

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Pay Equity Advocates Gather in Lansing
Posted by: Staff NachtLaw
April 13, 2011

Pay equity is still a big problem in this country, as women earn only .77 cents for each dollar earned by men in comparable positions. The problem is even worse in Michigan, which ranks 46 out of 50 states in terms of pay equity. As chair of the Gender Equity committee for the Women Lawyers Association of Michigan, I have been working on a new piece of legislation, introduced this week in Lansing, called the Wage Transparency Bill. As the name suggests, the bill would allow workers in Michigan, in the public or private sector, to request from their employer pay information for comparable positions. Access to such information and knowledge about pay discrimination is the first step in enforcing the Equal Pay Act and other civil rights laws designed to prevent employment discrimination. It also allows employees to negotiate from a position of knowledge and strength.

See a recent press release here.

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NachtLaw Takes a Stand for JCC Student Who Experienced Race Discrimination and Violations of Constitutional Rights
Posted by: Staff NachtLaw
April 06, 2011

NachtLaw attorneys Jennifer Salvatore and Ned Macey filed a lawsuit on behalf of their client, Michael Oliver, in the U.S. District Court in Detroit yesterday. The complaint, which can be viewed in .pdf form at the end of this post, alleges race discrimination and violation of Mr. Oliver's constitutional rights while he was a student at Jackson Community College.

Several media outlets have covered the matter. Those stories can be viewed at the links below:

mlive.com
Detroit Free Press

Attachments:
ComplaintandJuryDemand.pdf

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NachtLaw is pleased to share news of our growth
Posted by: Staff NachtLaw
March 24, 2011

(November 12, 2010) Nacht, Roumel, Salvatore, Blanchard & Walker, P.C., also known as "Nacht Law," welcomes Angela Walker and David Blanchard as newly elevated principals of the firm, joining firm founder David Nacht and Jennifer Salvatore. Nick Roumel also joins the firm as a principal, bringing 25 years of experience as a trial lawyer with a successful labor and employment practice. Attorney Ned Macey joins the firm as an associate after a trial court clerkship in the Federal District for Indiana and the Sixth Circuit Court of Appeals.

The firm's expansion was recently announced in the Washtenaw County Legal News as well.

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Former Willow Run building supervisor files lawsuit, says he was harassed and fired for being white
Posted by: Staff NachtLaw
March 24, 2011

(August 12, 2010) Former Willow Run Superintendent Doris Hope-Jackson forced district building and grounds supervisor Todd LaPrairie to work in an unheated building with no working bathrooms or water as part of an attempt to rid her administration of white men, LaPrairie alleged in a lawsuit filed this week. Read here.

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Channel 7 Coverage - Sabo v. City of Allen Park
Posted by: Staff NachtLaw
March 24, 2011

(April 6, 2010) Channel 7 Coverage - Sabo v. City of Allen Park

David Nacht represents James Sabo, a former Allen Park city official, in a whistleblower suit against the city of Allen park.

Sabo believes that he was wrongfully terminated as the Executive Director for the Allen Park Downtown Development Authority for filing a complaint to the city's ethics board. His complaint brought attention to a potential conflict of interest regarding a recent budgeting decision his committee members had voted on.

Above is a link to a web article as well as television footage including David Nacht's comments on his representation of Sabo in his retaliation against the city for the wrongful discharge.

Related words: wrongful termination, wrongful discharge, retaliation, whistle blower, First Amendment

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Attorney David Blanchard Files Motion and Brief in Support of Ann Arbor Man Arrested for Being Homeless
Posted by: Staff NachtLaw
March 24, 2011

December 23, 2009
Contact: David Blanchard 734-663-7550

Attorney David Blanchard filed a motion and brief in support of an Ann Arbor man who was arrested during an unconstitutional "sweep" for homeless persons living on state lands. To read the documents and learn more, please visit the ACLU of Michigan website.

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Attorney Salvatore Settles Sex Harassment Case Against CMU Soccer Coach
Posted by: Staff NachtLaw
March 24, 2011

Mount Pleasant, MI
March 27, 2009
Contact: Jennifer Salvatore 734-663-7550

Central Michigan University this week paid a total $450,000 to settle sex harassment claims and avoid potential lawsuits by two former players on the women's soccer team. The two former players were represented by Nacht Law Partner Jennifer Salvatore. The players came forward late last year with allegations that the team's male coach had used his position to pursue inappropriate sexual relationships with the players.

Under the terms of the settlement announced this week, each of the players is set to receive $225,000 to settle all claims against the University and their former coach. The CMU coach, Anthony DiTucci, resigned in October of last year after the players came forward.

The two players alleged that the soccer coach carried on secret inappropriate sexual relationships with them while he was their coach. They also claimed that Mr. DiTucci sent players inappropriate text messages, lied to and manipulated players to avoid getting caught, and even lied to CMU administration when his conduct was first questioned.

Asked to comment on the settlement, Salvatore said that the experience has been extremely difficult for her young clients. "Coaches are in a position of authority and power," said Ms. Salvatore. "My clients were harmed by their coach. I'm proud of them for having the courage to come forward and tell what happened. They want to make sure it never happens again." Ms.

Salvatore also praised CMU's response to the situation, noting that the University took her clients' complaints seriously and responded appropriately.

* Salvatore is a partner at Nacht Law. Her primary focus is on sex harassment and gender equity litigation. *

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Attorney Salvatore Files Suit against Strip Club in Underage Dancer
Posted by: Staff NachtLaw
March 24, 2011

November 5, 2008
Contact: Jennifer Salvatore 734-663-7550

Nacht Law Attorney Jennifer Salvatore has filed a multi-million dollar wrongful death lawsuit on behalf of the estate of an underage stripper. The lawsuit against Lincoln Park strip club Atlantis alleges that the club knowingly illegally hired an underage girl to work as an exotic dancer. The young girl was only 17 years old. Her first night of work turned deadly when club patrons provided her with a lethal dose of drugs.

The wrongful death suit, filed in the Wayne County Circuit Court, alleges that the Atlantis and its owner, Nagy Mickhail, acted in an unlawful manner when they knowingly hired a minor and allowed her to be exposed to a dangerous and sexually hostile work environment.

In connection with the filing of this lawsuit and in an effort to eliminate the practice of hiring minors to work in strip clubs, State Senator Raymond Basham (D-Taylor) has introduced a bill that would require employees of adult establishments to obtain a local work permit before being hired. A second bill introduced by Basham would impose a state tax on those engaged in the operation of adult entertainment facilities.

Accounts of the lawsuit have been picked up by local television and print news. Asked to comment on the case, Attorney Salvatore said "Places like these take advantage of young girls. They entice them with the lure of supposedly easy-money, and then expose them to a dangerous work environment. The consequences can be deadly, as we've seen here. It's not right and the club needs to be held accountable for its actions."

Ms. Salvatore is a partner at Nacht Law where she practices in the areas of employment and commercial litigation. She focuses on issues of gender discrimination and sexual harassment and also represents corporate clients, including many women-owned and minority-owned businesses in breach of contract and other commercial disputes. Jennifer also represents executives and other professionals in employment and contract disputes and does writing, consulting and training work around gender issues.

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Attorney Jennifer B. Salvatore Comments on Aggressive Subpoena tactics by Employment Defense Firms
Posted by: Staff NachtLaw
March 24, 2011

Tresa Baldas
August 11, 2008
National Law Journal.

Jennifer B. Salvatore was quoted in a recent National Law Journal article titled "Subpoena tactic in work suits draws fire." The piece discussed a recent decision by a federal judge in New York to prevent the issuing of subpoenas to future or potential employers of the plaintiffs until less intrusive ways to gather the needed information fail.

Asked to comment, Ms. Salvatore pointed out that when plaintiffs see the names of their new employers on witness lists, they may be pushed into dropping a lawsuit out of fear. Ms. Salvatore was quoted as saying, "I'm glad to hear that there's a judge in New York who has recognized these efforts to intimidate plaintiffs... It can be a real stigmatizing thing for somebody for their employer to know that they are suing their former employer."

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Michigan Lawyers Weekly has named Nacht Law to its 21st Century Club - August 8, 2008
Posted by: Staff NachtLaw
March 24, 2011

August 8, 2008
For Immediate Release
Contact: Jennifer Salvatore 734-663-7550

Michigan Lawyer's Weekly has named Nacht Law to its "21st Century Club." The Ann Arbor based Firm will be named in Monday's edition of the paper among twenty-one Michigan law firms to be honored for their innovative thinking in attracting and retaining talented young attorneys. One of those firms will be crowned the 2008 "21st Century Innovator" at the annual dinner and award ceremony on September 10, 2008 at The Community House in Birmingham. The Innovator Award is co-sponsored by Michigan Lawyers Weekly and the Women Lawyers Association of Michigan

Nacht Law was selected from a state-wide field based on criteria such as its ability to demonstrate innovative thinking in the areas of "long-term retention programs for associates that encourage growth within the law firm, flex-time programs that recognize the importance of work-life balance without jeopardizing or compromising momentum for the partnership track, technology-driven offices that allow associates and partners to work as efficiently outside as inside the building and recruitment programs that encourage the best and brightest from Michigan law schools to stay and practice law in Michigan."

In a letter to Michigan Lawyers Weekly, Nacht Law partner Jennifer Salvatore says "The philosophy- that all of us (not only attorneys) have lives outside of work that are meaningful and family responsibilities that are important-has led to a culture of responsibility, whereby our staff and attorneys work hard, communicate well, cover for each other, support each other during different life events, and at times work overtime to compensate for the benefit of flexibility. In doing so, I believe that we are personally and institutionally healthier and more productive."

Nacht Law is a four-lawyer firm and a litigation boutique based in Ann Arbor, MI committed to providing clients with aggressive, flexible, and affordable counsel in a wide range of legal disputes. Clients range from blue-collar workers, health executives, scientists, and other executives, to municipal entities, unions, non-profits and small to mid-size businesses. Attorneys David Nacht, Jennifer Salvatore, David Blanchard, and Angela Walker provide services ranging from general counsel and employment advice and negotiations to complex commercial, civil, and employment law litigation.

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Washtenaw County Legal News article on Jennifer Salvatore and FRD, November 1, 2007
Posted by: Staff NachtLaw
March 24, 2011

(November 01, 2007) Jennifer Salvatore, a partner at Nacht Law, opened Bias Awareness Week with a luncheon discussion of family responsibilities discrimination (FRD) on Oct. 22. Read here.

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South Lyon Herald coverage of landlord-tenant dispute on September 27, 2007
Posted by: Staff NachtLaw
March 24, 2011

Resale Shop Closed Due to Mold, Landlord, Tenant Dispute Lease

In the South Lyon Herald on September 27, 2007
By Jessie Ellis
STAFF WRITER

Megg Brigmon, owner of Little Monkeys Boutique, a children's clothing consignment store in downtown South Lyon, found herself forced to conduct business on the sidewalk in front of the store last Thursday.

Brigmon closed her business due to a flooding problem, which led to the growth of mold on the floor and in the walls. Doctors have instructed Brigmon to not return to premises. She is five months pregnant and has diabetes, as well.

"I had no idea there was mold there," Brigmon said. "I could smell something, but I've never smelled that before, so I just didn't know."

She had to shut down the store and contact all of her consignees. One of those consignees is Jennifer Salvatore, a lawyer who now represents Brigmon.

According to Brigmon, before signing the lease, the owner of the building, Mike Muller, of Birmingham did not inform her that there was a problem with flooding after heavy rains. Brigmon opened Little Monkeys Boutique in April. When the building flooded for the first time, Brigmon contacted Muller about the problem.

Muller did not respond to requests for comment.

The store stood empty for a year before Little Monkeys began doing business. The previous tenant, South Lyon Electronics managed by Dale Wiltse, said that flooding concerns were not a surprise.

"When I saw there was a new tenant in there, I went in and warned her," Wiltse said. "We didn't have feet of water, but about half an inch to an inch."

The first time it flooded for South Lyon Electronics, Wiltse said he lost about $5,000 in merchandise which was covered by insurance. However, the second time it flooded, Wiltse's insurance changed and there was a new, "no flood coverage" clause in the policy. He lost about $2,500 in merchandise for which he was not reimbursed, he said.

Part of the problem is that the building floor sits well below the level of the parking lot. In the back of the building is a private drain with a catch basin and a four-inch pipe leading out onto the street. When a big rain hits, water pours from the higher level parking lot and quickly swamps the drain.

Steve Renwick, the City of South Lyon Department of Public Works Superintendent, said that his department has been looking at the drain located at the back of the building. The drain is not owned and maintained by the city, Renwick said, although the DPW has assisted a plumber hired by Muller to look at the drain with special cameras. He said there didn't seem to be any problems with the drain itself.

"When somebody does have a problem we do what we can to help out," Renwick said.

When flooding problems persisted at Little Monkeys, last month Brigmon's husband, Scott, removed a small patch of drywall on the back wall of the store.

"The drywall was covered with black and green mold," Brigmon wrote in a letter to Muller. "It is, of course, very likely that the entire rear drywall of the building is full of mold." Brigmon has since had the air tested by Advanced Air Quality. Results of testing are pending.

Because of the mold, Brigmon has had to shut down her business. Before moving into the building, Brigmon and her husband made considerable renovations to the building including lighting upgrades, a drop ceiling, new floors and a painted walls.

Last week, the Brigmons returned consignment merchandise to residents who had given clothing to the resale store, and Little Monkeys appeared closed for business. Legal issues between tenant and landlord continued, however.

"The landlord is threatening to sue her for breach of the lease," Salvatore said. Muller maintained that the business owners remained responsible for rent during the period of the lease.

"Please be advised," Muller stated in a letter to Brigmon dated Sept. 12, "that if you vacate the building and to not plan to return, you will be in violation of the lease and I will take the appropriate action in order to protect my interest."

On the sidewalk last Thursday Brigmon looked after her children and tended to her consignees, many of whom she has come to know as more than just customers. "Everyone has been so kind and understanding," Brigmon said.

Contact Jessie Ellis at (248) 437-2011 or jjellisfip@gannett.com.

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