Heather G. Ptasznik

Shareholder | Detroit (Metro)

Heather has been representing management in employment law matters for over twenty years. As part of her practice, she counsels clients daily on various matters including hiring, terminations, reductions in force, leaves of absence, Family Medical and Leave Act (FMLA), workplace investigations, disability accommodation and wage and hour issues. Heather has successfully represented employers in all aspects of employment litigation, including discrimination and harassment claims in both state and federal courts, as well as before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and the Michigan Department of Civil Rights (MDCR). Heather also represents clients in unemployment, enforcement of non-compete covenants, and FMLA and Americans with Disabilities Act (ADA) claims.

In the course of providing legal advice, Heather works closely with clients to ensure they have effective, clear and comprehensive policies and procedures in place to protect themselves. Heather also conducts training seminars for supervisory personnel to ensure they understand the implications of their decisions. Heather believes it is essential that supervisory personnel understand the policies of the company, how to enforce them, and the potential legal ramifications if they fail to do so. She also believes when clients are proactive, they can help avoid litigation as well as distractions from their day-to-day business activities.

Heather is a frequent lecturer and author on various employment law topics including the ADA, FMLA, drafting employee handbooks and the EEO laws. Heather also served as an executive board member of a national non-profit agency and volunteers her time with the Alliance of Therapy Dogs.

More About Heather G. Ptasznik

Experience

Prevailed on Motion to Dismiss (first responsive pleading) in a claim for wrongful discharge brought by male employee who was terminated after a female janitorial employee claimed he exposed himself to her while she was cleaning the men’s bathroom.
Represented employees in a claim for breach of a non-compete agreement. First responsive pleading was a Motion for Summary Disposition which the Court granted holding that the non-compete was overly broad and did not serve to protect a legitimate business interest. The Circuit Court’s decision was affirmed on appeal, after oral argument.
Prevailed on Motion for Summary Disposition where former HR director (Male) filed gender discrimination lawsuit. HR Director terminated because he was alleged to have sexually harassed a subordinate employee with whom he had a prior consensual extra-marital relationship. The employer subsequently discovered he had another consensual relationship with a direct report. The employee claimed gender discrimination because a female employee (not similarly situated) who dated and later married a subordinate (but not direct report) employee was not terminated.
Prevailed on Motion for Summary Judgment in an EPA/Gender/Race claim where a female employee claimed she was not paid the same as her alleged counterpart. Through extensive discovery, plaintiff admitted that she never performed the same job duties as her alleged counterpart and several co-employees affirmed this fact. After filing a petition for an award of attorneys’ fees on behalf of the employer as the prevailing party, plaintiff dismissed her appeal with prejudice.
Granted actual attorneys’ fees by Court after successfully defending client against a second motion for summary disposition filed by defendant, a former employee who breached her non-solicitation agreement.
Headed up employment law practice for two (2) years at Pennsylvania law firm defending various employers including medical practices, fast food chains and automobile dealerships.
Prevailed on Motion for Summary Judgment where female employee alleged age, race and gender discrimination as well as sexual harassment (over a 10 year period) after she was terminated due to her ongoing performance deficiencies which she failed to cure. Plaintiff’s job duties were assumed by a current employee who was 7 years younger than she (both within the protected age group) and there was no evidence, other than her own beliefs, that her race or gender were involved in the decision to terminate her employment. Further, Plaintiff’s failure to file a complaint of discrimination or sexual harassment until after her termination, although she was fully aware of the complaint process, affected the credibility of her claim.
Prevailed on Motion for Summary Disposition where employer was sued by an employee for negligence and intentional infliction of emotional distress when he was punched by a co-employee after the two had a personal confrontation.
Prevailed on Motion for Summary Judgment in federal court where Director level employee alleged his termination, which was part of a company reorganization was a pretext and really due to his race, national origin, gender and age. After his position was eliminated, he refused to interview for other open and available positions which were brought to his attention by management. Thus, after 6 weeks, he was terminated due to his failure to cooperate with the interview process and not due to any protected class.
Defended health care organization in an arbitration alleging reverse gender discrimination when he was terminated after sending a photo of a co-worker, in her underwear, to several other co-employees. Obtained dismissal after the arbitration hearing.
Defended national window manufacturer in a 3-day arbitration over the termination of a manager who alleged he was terminated in retaliation for complaining his employees engaged in racial profiling. Obtained dismissal after completion of the arbitration hearing.

Education & Admission

Professional Activities

Speeches

Ogletree Deakins Workplace Strategies Seminar – “Handbook Hot Takes: The Latest Policy Considerations for Multistate Employers” – Washington, D.C. – May 2, 2024
American Society of Employers – “A Post-Pandemic Handbook, What Needs to Change” – December 8, 2021
American Society of Employers – HR Comply – “Wage and Hour Compliance in a Pandemic Environment” – December 2, 2020
Ogletree Deakins Webinar – “Reopening the Workplace: An Update for Michigan Employers” – May 6, 2020
National Business Institute (National Audio) – “Drafting Policies and Procedures for Employee Handbooks” – 2019
Michigan Bankers Association – Women in Banking Conference – “Common Employment Law Misconceptions” – East Lansing – 2018
United Physicians’ Office Manager Forum – “Disruption Proofing Your Practice: Tips from Start to the End of the Employment Relationship” – Auburn Hills – 2018
Sterling Educational Services – “Interplay of Employee Benefits” – Rochester Hills – 2017
Sterling Educational Services – “Interplay of Employee Benefits: ADA, FMLA & Workers’ Compensation” – Detroit – Winter 2016
Sterling Educational Services – “ADA and FMLA Updates and Interplay” – Detroit – Winter 2013
Sterling Educational Services – “Sexual, Racial, and Other Harassment in the Workplace ADA and FMLA Updates and Interplay” – Detroit – Fall 2012
Sterling Educational Services – “ADA/FMLA/State Law Overview, Update, and Overlaps Sexual, Racial, and other Harassment and Discrimination” – Detroit – Summer 2011
Sterling Educational Services – “Sexual, Racial and Other Harassment in the Workplace Advanced FMLA and ADA Issues” – Detroit – Winter 2011
Construction Association of Michigan – “Social Media Policies for Business” – Troy – 2010
Michigan Boating Industries Association – “Common Employer Misconceptions” – 2010
Michigan Infrastructure & Transportation Association – “The Other Big Three: The FMLA, ADA and Workers Compensation” – 2010
Southwestern Michigan Economic Growth Alliance – “Common Employer Misconceptions” – Niles – 2010
Michigan Society of Hematology and Oncology – “Federal and State Employment Law 101” – 2008