Cleveland Stegall v. Resource Technology Corporation

Summary

The Michigan Supreme Court held that an employee may pursue a public-policy wrongful-discharge claim even when an applicable statute contains an antiretaliation provision, provided the statutory remedies are cumulative rather than exclusive. The remedies under OSHA and MiOSHA were plainly inadequate because of the short filing period, agency discretion, and the employee's lack of control over the proceedings, so they did not preempt plaintiff's claim. The Court reversed and remanded for the trial court to determine whether a genuine issue of material fact exists on the merits of the alleged retaliatory discharge.