Heather G. Ptasznik

Heather Ptasznik has represented management in employment law matters for over twenty-five years. As part of her practice, she counsels clients daily on various matters, including hiring, terminations, reductions in force, Family Medical and Leave Act (FMLA), disability accommodation, and wage and hour issues. Heather has successfully represented employers in all aspects of employment litigation, in both state and federal courts, arbitration, and before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and the Michigan Department of Civil Rights (MDCR).

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 served as an executive board member of a national non-profit agency for seven years and currently volunteers with the Alliance of Therapy Dogs.

More About Heather G. Ptasznik

Experience

Litigation/Arbitration:

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. After oral argument, the Michigan Court of Appeals affirmed the decision.
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.
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 a healthcare organization in a 2-day 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 full dismissal after completion of the arbitration hearing.
Defended a 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 full dismissal after completion of the arbitration hearing.

Training:

Conducts management and non-management training on employment statutes and laws including: Title VII, PWFA, ADA, FMLA, performance management, and the role of the supervisor.
Conducts training of HR personnel on workplace investigations, FMLA administration, PWFA, and ADA compliance, including the interactive and accommodations process.

Advice and Counsel:

- Counsels clients daily on various matters, including performance management, terminations, FMLA, ADA, PWFA, and wage and hour issues in conformance with the various federal, state, and local employment statutes and laws.
- Conducts workplace investigations.
- Prepares policies, handbooks (including multi-state), employment agreements, non-compete agreements, and separation agreements.
- Counsels employers on reductions in force processes.

Education & Admission

Professional Activities

Speeches

American Society of Employers (ASE) Employment Law Briefing – “What does it mean to harass?: The EEOC’s Updated Guidance on Harassment in the Workplace” – Troy – September 26, 2024
Ogletree Deakins Webinar – “Michigan Employment Law Update: Earned Sick Time and Minimum Wage” – August 14, 2024
State Bar of Michigan – “Labor and Employment Law Section Springboard: Hot Issues under the FMLA” – June 20, 2024
Ogletree Deakins Podcast – “Workplace Strategies Watercooler 2024: Handbook Considerations for Multistate Employers” – May 8, 2024
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