HSP Header
Vol. II, Issue No. 3
April 30, 2013
This month's briefing covers a data security article co-authored by Mark Snitchler, a recent case highlighting the importance of employee termination procedures, Mike Duggan's visit to our office and Kenny Lee's latest bar exam success.
Thanks for being on our mailing list!


Covering Your Assets
Business owners' most valuable assets consist of company data. Protecting confidential information is important both to protect business trade secrets as well as to guard against possible company liability.  Mark Snitchler recently co-authored an article published by the Michigan Association of Certified Public Accountants entitled "Cover Your Assets." Effectuating proper technology and processes, training staff on data security risks and maintaining data security policies in an employee handbook are all ways to guard against data security risks. Mark's full article can be read at this MACPA link.
Recent Michigan Case Highlights Importance of Employee Termination Procedures  
Employee termination procedures can be critical for future liability, as one recent Michigan case shows.
In Fuhr v. Trinity Health Corp., an employee filed a Whistleblower's Protection Act complaint alleging that he was fired because he called the U.S. Attorney about overbilling by a vendor.  A vice-president and a supervisor were present when the employee was terminated, but the vice-president then left the room. During a discussion with the supervisor only, the employee testified that he was told the firing resulted from his call to the U.S. Attorney. Despite overwhelming evidence to the contrary, the Court of Appeals found that the employee's self-serving testimony was sufficient to permit the case to be heard by a jury. 
Termination meeting tips:  1) Have two people witness all termination discussions; 2) Clearly advise of the termination and the effective date; 3) Be clear but succinct on the reason for termination; 4) Provide a Letter of Termination with reasons, citations to handbook violations and any additional payment and benefit instructions. No procedure fully protects against a wrongful discharge suit, but proper planning can minimize the risk.
Mike Duggan Visits HSP
Mike Duggan
HSP was proud to host Detroit mayoral candidate Mike Duggan at a reception on April 15th. Mike discussed his candidacy and shared his vision for the future of the City of Detroit. Thanks to Mike as well as to our friends and clients who attended for a great evening. 
More information on the campaign can be found at www.dugganfordetroit.com.
Kenny Lee Passes Florida Bar Exam
A year after passing the Michigan Bar Exam, Kenny Lee was recently notified that he passed the Florida Bar Exam which he took in February. Kenny will be the fourth HSP attorney licensed to practice in Florida from the firm's Naples office, joining John Hubbard, Mark Snitchler and Eric Parzianello. Congratulations, Kenny!

E-Mail Links
Managing Risk
Firing Employees
Mike Duggan
Lee Bar Exam

Chrysler House
719 Griswold St.
Suite 620
Detroit, MI 48226
(313) 672-7300
999 Vanderbilt Beach
Suite 200
Naples, FL 34108
(239) 325-1802