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Section 400.610c - Employment action against employee initiating, assisting in, or participating in court action; prohibition; violation; liability of employer.

THE MEDICAID FALSE CLAIM ACT (EXCERPT)
Act 72 of 1977

400.610c Employment action against employee initiating, assisting in, or participating in court action; prohibition; violation; liability of employer.

Sec. 10c.

(1) An employer shall not discharge, demote, suspend, threaten, harass, or in any other manner, discriminate against an employee in the terms and conditions of employment because the employee engaged in lawful acts, including initiating, assisting in, or participating in the furtherance of an action under this act or because the employee cooperates with or assists in an investigation under this act. This prohibition does not apply to an employment action against an employee who the court finds brought a frivolous claim, as defined in section 2591 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2591; the court finds to have planned and initiated the conduct upon which the action is brought; or is convicted of criminal conduct arising from a violation of this act.

(2) An employer who violates this section is liable to the employee for all of the following:

(a) Reinstatement to the employee's position without loss of seniority.

(b) Two times the amount of lost back pay.

(c) Interest on the back pay.

(d) Compensation for any special damages.

(e) Any other relief necessary to make the employee whole.


History: Add. 2005, Act 337, Imd. Eff. Jan. 3, 2006 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009

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