4.11Employer Cannot Penalize Crime Victim or Crime Victim Representative

An employer who penalizes a crime victim for attending court to testify may be guilty of a misdemeanor and in contempt of court:

“An employer or the employer’s agent, who threatens to discharge or discipline or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a victim because that victim is subpoenaed or requested by the prosecuting attorney to attend court for the purpose of giving testimony, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.” MCL 780.762(1); MCL 780.790(1); MCL 780.822(1).

An employer who penalizes a crime victim representative for attending court during the victim’s testimony may be guilty of a misdemeanor and in contempt of court:

 “An employer or an employer’s agent who disciplines or discharges a victim representative from employment, causes a victim representative to be disciplined or discharged from employment, or threatens to discipline or discharge a victim representative from employment because that victim representative attends or desires to attend court to be present during the testimony of the victim, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.” MCL 780.762(2); MCL 780.790(2); MCL 780.822(2).