ZAHRA, J.
This case requires the Court to consider the application of Michigan's Whistleblowers' Protection Act (WPA)
The Beecher Metropolitan District (the District) manages water and sewage for a portion of Genesee County. The District has five elected board members and also employs a part-time district administrator who manages District operations on a day-to-day basis. The District has 11 full-time employees who do various maintenance and clerical jobs. The District's full-time employees operate under a union contract; only the district administrator historically operates under a separate contract with the District.
Plaintiff Richard Wurtz began his tumultuous tenure as the district administrator on February 1, 2000, and served until February 1, 2010. Before becoming district administrator, Wurtz was the District's attorney. In his capacity as attorney, he drafted the contract that would govern his term as district administrator. The contract provided for a 10-year term beginning on February 1, 2000, and ending on February 1, 2010. The board approved the contract and Wurtz became district administrator.
In early 2009, Wurtz sent a proposal to the board regarding his contract. Wurtz said he could save the District money by reducing his salary and cutting off all of his benefits except life insurance. But the proposal also would have extended Wurtz's already tumultuous term for an additional 256 years. A motion to accept Wurtz's proposal was defeated by a vote of 3 to 2. Thorn, McClain, and Corlew voted against Wurtz's proposal.
Relations between Wurtz and the board further deteriorated in the spring of 2009. The board had plans to attend the American Water Works Association conference in San Diego. Wurtz told the board that he had concerns about the cost of the trip and the manner of reimbursement. He noted several recreational items that he thought it would be inappropriate to subsidize with taxpayer funds. Wurtz nonetheless reimbursed the board for the expenses.
Despite having issued the reimbursement checks himself, Wurtz contacted the Genesee County Sheriff's Department and the Flint Journal regarding the board's trip to San Diego. This resulted in the sheriff's department raiding the District's office and public outcry about the board members' actions. Wurtz cooperated with the investigation conducted by the sheriff's department. The board members were criminally eharged in connection with the trip, but all were acquitted of wrongdoing or had the charges against them dismissed.
Events came to a head in November 2009, several months before Wurtz's contract was set to expire. At the November 11, 2009 meeting, Wurtz warned the board that he would consider the board's failure to extend his contract to be retaliation for the criminal investigation. The board, however, refused to heed Wurtz's warning and voted 3 to 2 not to renew Wurtz's contract and to begin the search for a new district administrator. The majority once again consisted of Thorn, McClain, and Corlew. Wurtz's attorney wrote a letter to the board informing it that Wurtz intended to file a claim under the WPA. But the board replied that it would not change its mind, citing other, legitimate reasons for deciding not to renew Wurtz's contract. The board explained that the tumultuous relationship between Wurtz and the board members far preceded any alleged whistleblowing activities, and furthermore, that it wished to make the administrator job full-time. Wurtz could not hold the position full-time because of his law practice.
After his employment ended, Wurtz brought suit in Genesee Circuit Court against the District and the three board members who voted not to renew his contract, alleging a violation of the WPA and wrongful termination in violation of public policy. Defendants moved for summary disposition, arguing that Wurtz had not been fired because his contract expired by its own terms. Wurtz argued that his employment was terminated and, further, that summary disposition was premature because discovery was incomplete. But the court agreed with defendants. First, the court dismissed the public policy claim, holding that the WPA provided the exclusive avenue of relief to Wurtz. Then the court concluded that Wurtz could not satisfy all of the WPA's elements because he had worked through the entirety of his contract and was not discharged.
Wurtz appealed the circuit court's decision to the Court of Appeals, which reversed in a split opinion.
The interpretation of the WPA presents a statutory question that this Court reviews de novo.
This case invites the Court to decide whether the WPA applies when an
Absent some express obligation stating otherwise, a contract employee has absolutely no claim to continued employment after his or her contract expires.
We then ask whether a prospective employee who attempts to blow the whistle on a would-be employer may invoke the WPA's protections. When interpreting a statute, this Court must, of course, identify and give effect to the Legislature's intent. The most reliable indicator of the Legislature's intent is the language of the statute itself. If the statutory language clearly and unambiguously states the Legislature's intent, then further judicial construction is neither required nor permitted, and the statute must be enforced as written.
The relevant provision of the WPA, MCL 15.362, states the following:
Drawing from the statutory language, this Court has identified three elements that a plaintiff must demonstrate to make out a prima facie case that the defendant employer has violated the WPA:
(1) The employee was engaged in one of the protected activities listed in the provision.
Significantly, as gleaned from the WPA's express language, the statute only applies to individuals who currently have the status of an "employee."
In this regard, the WPA stands in stark contrast to Michigan's Civil Rights Act (CRA). Whereas the WPA makes no mention of pre-employment conduct, the CRA refers to an employer's failure to hire or recruit someone:
An employer shall not do any of the following:
The same is true of the federal Age Discrimination in Employment Act (ADEA)
In light of this analysis, caselaw applying the antidiscrimination statutes to contract renewals offers no insight into how the WPA should operate in the same situation. For example, consider Leibowitz v. Cornell Univ,
This Court need not inquire why the Legislature chose to confine the WPA's protections by the bookends of employment while extending the CRA's protections to the hiring context. The Legislature elected to craft its legislation that way, and we decline to second-guess the wisdom of the Legislature's policy decisions.
Lest today's holding be misapplied, we find it necessary to mention several things that this opinion does not say. While we hold that the WPA does not apply to decisions regarding contract renewal, we emphasize that the WPA does protect employees working under fixedterm contracts from prohibited employer actions taken with respect to an employee's service under such a contract. Indeed, the WPA's definition of "employee" expressly denotes a person working "under a contract for hire." Thus, when an employer discharges, threatens, or discriminates
Today's holding also has no bearing on at-will employees. While an at-will employee cannot maintain any expectation of future employment, the employment continues indefinitely absent any action from the employer.
The WPA's language governs this case without any additional judicial interpretation. The WPA simply does not extend to the pre-employment context. Because we discern no legal difference between a contract employee seeking a new term of employment and a new applicant, the WPA provides no protection to a contract employee in that context. If a contract employee alleges only that the employer declined to renew the employee's contract, and not some action taken against the employee with respect to an employee's service under the contract, the WPA has no application.
Wurtz cannot show any entitlement to relief under the WPA. Wurtz alleges that the District violated the WPA by deciding not to renew his contract. In other words, Wurtz only alleges that the District took some action against him in his capacity as an applicant for future employment. But as this opinion has shown, the WPA does not apply to job applicants, nor does it apply to contract employees seeking renewal of their contracts.
During Wurtz's ten years as an employee — when he enjoyed the protections of the WPA — he endured no action prohibited by the WPA. He was not discharged, threatened, or discriminated against regarding his compensation, terms, conditions, location, or privileges of employment. He served the District for the entire duration of his contract and received every cent and every benefit to which he was entitled. Thus, the District did not engage in any action prohibited by the WPA.
Moreover, the circuit court did not prematurely grant summary disposition in defendants' favor. Generally, a circuit court should not grant summary disposition unless no fair likelihood exists that additional discovery would reveal more support for the nonmoving party's position. Wurtz argues
During his time as an employee, Wurtz experienced no action prohibited by the WPA and therefore has no recourse under the statute. As an applicant for future employment, Wurtz was not hired. But the WPA does not cover prospective employees whom an employer declines to hire, so Wurtz cannot claim relief under the statute.
The WPA does not provide Wurtz any recourse. The WPA does not apply to prospective employees and it does not apply to contract employees seeking renewal of their employment contract. Wurtz's only allegation of a prohibited action occurred in the context of his application for future employment, so his claim fails as a matter of law. Moreover, summary disposition was not premature because no amount of additional discovery would show that Wurtz came within the WPA's protections. Accordingly, we reverse the Court of Appeals' decision and remand this case to the circuit court for entry of summary disposition in defendants' favor.
YOUNG, C.J., and MARKMAN, MARILYN J. KELLY, McCORMACK, and VIVIANO, JJ., concurred with ZAHRA, J.
CAVANAGH, J., concurred in the result.
While the term "adverse employment action" may be helpful shorthand for the different ways that an employer could retaliate or discriminate against an employee, this case illustrates how such haphazard, telephone game jurisprudence can lead courts far afield of the statutory language. That is, despite courts' freewheeling transference of the term from one statute to another, the WPA actually prohibits different "adverse employment actions" than the federal and state antidiscrimination statutes. So we take this opportunity to return to the express language of the WPA when it comes to the necessary showing for a prima facie case under that statute. Put another way, a plaintiff's demonstration of some abstract "adverse employment action" as that term has developed in' other lines of caselaw will not be sufficient. Rather, the plaintiff must demonstrate one of the specific adverse employment actions listed in the WPA.