Trial Lawyers Takeaway: An employer's action, not its decision, triggers the 90-day limitations period to bring a claim under Michigan's Whistleblower's Protection Act.

Millar performed mechanical and plumbing inspections for the Construction Code Authority, a government agency. Two of the municipalities who utilized the Authority for inspections asked the Authority to stop sending Millar as an inspector. A little over two weeks later, the Authority drafted a letter to Millar, ordering him to do not further work in those municipalities. But it was not until the next week that the Authority actually delivered the letter to Millar.

Millar sought to bring a Whistleblower claim, arguing that he was fired because he had honestly reported violations of the building codes by the municipalities. The question before the Court was what event actually triggered the 90-day limitations period to bring a Whistleblower claim under Michigan’s Whistleblower’s Protection Act (MCL 15.361 et seq.).