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Mr. Duty's practice focuses on the following areas: Employment Litigation, Negotiation of Executive Contracts, Employment Consulting on Mergers and Acquisitions, Non-Compete/Trade Secret Litigation, Contract Negotiations with Labor Unions, Employment Practices Liability Insurance, and General Labor and Employment advice and services.
Mr. Duty serves as Vice President of the Methodist Children's Home.
While in law school, Mr. Duty was the Managing Editor of the Law Review.
Resident expert in the State of Michigan on Equal Employment Law for The Experts Forum, a comprehensive web-based risk management platform available to thousands of employers and several major insurance carriers around the country.
Significant Decisions
Collick v. [Name withheld], Represented defendant in a breach of contract, age discrimination jury trial. The Plaintiff alleged that he was wrongfully discharged from his executive position and claimed damages exceeding one million dollars. Jury found for the Plaintiff on the issue of liability for breach of contract, but agreed with defendant that Plaintiff suffered no damages. Court awarded attorneys’ fees in favor of defendant.
Williamson v. [Name withheld], Represented defendant in handicap discrimination, and violation of workers’ compensation statute jury trial. Plaintiff alleged that she was wrongfully discharged in retaliation for filing a workers’ compensation claim following a significant injury at work. Jury found in favor of defendant. Court awarded attorneys’ fees and costs in favor of defendant.
[Name withheld] v. [Name withheld], Represented defendant in wrongful discharge/breach of contract case. Successfully argued to Court that Plaintiff’s exclusive remedy was arbitration as set forth in employment application. Court dismissed Plaintiff’s case.
[Name withheld] v. [Name withheld], Represented defendant in wrongful discharge case. Plaintiff alleged age discrimination and breach of contract. Court granted defendant’s motion for summary judgment on grounds that employment application provided that Plaintiff must initiate her cause of action within six months of her termination. Since Plaintiff failed to timely file her lawsuit, the Court dismissed the case.
Reid v. [Name withheld], Successfully argued in case of first impression that claims for breach of implied employment contracts are abrogated by signed employment applications containing appropriate disclaimer language. Court affirmed trial court’s decision dismissing plaintiff’s lawsuit.
Wade v. [Name withheld], Represented defendant in a race discrimination/retaliation jury trial. Plaintiff alleged that her supervisor retaliated against her after she supported the sexual harassment claims raised by her fellow employees. Judge directed a verdict in favor of defendant at the conclusion of plaintiff’s case. The directed verdict was upheld by the Michigan Court of Appeals.
Armstrong v. [Name withheld], Represented defendant in an age discrimination case brought by a security guard at a bank who was terminated for “kiting checks”. After case was remanded to the Thirty Sixth District Court, a jury ruled in favor of defendant. Court awarded attorneys’ fees in favor of defendant.
[AFSCME] v. [Name withheld], Represented Respondent employer before the Sixth Circuit Court of Appeals, following a decision by the National Labor Relations Board that charge nurses were ineligible to vote in a representation election because they were supervisors, and the resulting decision certifying the results of the election in favor of union. Successfully argued that National Labor Relations Board’s decision was not supported by the evidence. The results of the election were overturned.
Government Administrators Association v. State Judicial Council, Represented State Judicial Council in arguing that Friend of the Court Assistant Referees exercise judicial discretion and therefore cannot be represented by a Union. MERC ruled in favor of the State Judicial Council and the Michigan Court of Appeals upheld that decision.
[Name withheld] v. Teamsters, Teamsters engaged in mass picketing. Represented plaintiff in securing temporary restraining order and preliminary injunction against the Union.
Seminars and Speeches
2001 How To Successfully Recruit Key Executives Without 'Breaking the Bank'", Automation Alley Seminar
Managed Legal Care - Reducing the Risks Associated with Ill or Injured Employees, Employment Law Seminar
Affirmative Defenses in the Field of Sexual Harassment, Employment Law Seminar
Publications
May 2007 Health Lawyers News magazine, "'Uncontrollable'Deviant Behavior--How Can Care Giving Employers Manage the Risk of Their Employees Being Sexually Harassed By Residents in Their Care?," Co-authored with Kathleen Surowiec.
The Experts' Forum, "Bah Humbug! How to Throw the Company's Holiday Party Without Being Haunted By the Ghost of Future Lawsuits"
Michigan Bar Journal, "Subpoena Power of Arbitration in Resolving Employment Disputes"
Professional Associations
American Bar Association
Michigan Bar Association
Detroit Metropolitan Bar Association
Oakland County Bar Association
Awards
Named 2006 Michigan Super Lawyer by Law & Politics.
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