Contact
Andrew Direct: (616) 940-5164
Fax: (616) 323-3658
Email: aac@hennlesperance.com
Education
’12 Columbia Law School, J.D. – Harlan Fiske Stone Scholar
’09 University of Michigan, B.A. – with distinction
Practice Areas
Labor and Employment
Civil Litigation
Appeals
Governmental Law
Awards/Achievements
Top Rated Employment and Labor Attorney, Super Lawyers Magazine: 2020-2023
2017, 2018, 2023 Super Lawyers “Rising Star”
Bar and Court Admissions
State Bar of Michigan
United States Court of Appeals for the Sixth Circuit
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Western District of Oklahoma
Recent Presentations
- Will THC Stand for “The Hiring Challenge”? A Comprehensive Guide for Employers
- MISHRM Annual Conference, October 2019 – Grand Rapids, MI
- Medical Marijuana and Vaping: A Primer for School Boards
- Michigan Council of School Attorneys Meeting, October 2019 – Lansing, MI
- Fitness For Duty: A Panel Discussion about Disabilities and Drug Use in the Workplace
- Michigan Occupational Health Conference, September 2019 – Kalamazoo, MI
- Free Speech and Social Media in the Workplace: A Guide for Employers
- AHRM Monthly Meeting, September 2019 – Grand Rapids, MI
- “Delete Your Social – Why Are Employers Tweaking About Tweets?”, DisruptHR Grand Rapids Seminar, Presentation on Social Media in the Workplace Challenges for Employers, August 21, 2019.
- 2019 Employment Law Update – What Public Employers Need to Know
- Northern Michigan Finance and HR Association, October 2019 – Traverse City, MI
- MCRCSIP Annual Meeting, July 2019 – Mount Pleasant, MI
- Reasonable Suspicion Supervisor Training
- Private client engagement, September 2019 – Redford, MI
- Private client engagement, September 2019 – Traverse City, MI
- Private client engagement, May 2019 – Byron Center, MI
- Private client engagement, April 2019 – Byron Center, MI
- Reasonable Suspicion and Redesigning Employer Drug Policies
- Spectrum Health Occupational Clinic Seminar (Employer Education Series), October 2019 – Grand Rapids, MI
- Spectrum Health Occupational Clinic Seminar (Employer Education Series), September 2019 – Grand Rapids, MI
- Spectrum Health Occupational Clinic Seminar (Employer Education Series), July 2019 – Grand Rapids, MI
- “THC – The Hiring Challenge”, DisruptHR Kalamazoo Seminar, Presentation on Recreational Marijuana Challenges for Employers, May 1, 2019 Watch Full Presentation by Clicking Here
- Performance Evaluation Supervisor Training
- Private client engagement, March 2019 – Wyoming, MI
- Private client engagement, October 2018 – Wyoming, MI
- “Clearing the Smoke on Recreational Marijuana” Seminar
- Spectrum Health Occupational Clinic Seminar, April 2019
- Human Resources Group, March 2019 – Grand Rapids, MI
- Michigan Association of Occupational Health Nurses Spring Conference, March 2019 – Howell, MI
- Kalamazoo Human Resources Management Association, February 2019 – Kalamazoo, MI
- Lakeland Health Seminar, February 2019 – Benton Harbor, MI
- Oliver VanDyk Insurance Human Resources Summit, February 2019 – Wyoming, MI
- HUB International Seminar, February 2019 – Grand Rapids, MI
- Spectrum Health Occupational Clinic Seminar, December 2018 – Grand Rapids, MI
- “Harassment in the Workplace” Employee Training
- Private client engagement, November 2018 – Grand Rapids, MI
- Private client engagement, March 2018 – Grand Rapids, Marshall, and Dowagiac, MI
- Private client engagement, January and February 2017 – Allegan, MI
- “Harassment in the Workplace” Supervisor Training
- Private client engagement, March 2018 – Grand Rapids, Marshall, and Dowagiac, MI
- Private client engagement, January and February 2017 – Allegan, MI
- #MeToo: Employment Law Before and After
- Human Resources Group, March 2019 – Grand Rapids, MI
- Workplace Investigations Supervisor Training
- Private client engagement, March 2018 – Ann Arbor, MI
- “Documentation: From Hire to Discharge” Supervisor Training
- Private client engagement, January 2017 – Kentwood, MI
Recent Results
October 2019: Shareholder Dispute Resolved. After an employee of a construction company was terminated, the company and the former employee had the obligation to negotiate the company’s purchase of the ex-employee’s significant ownership interest in the Company. After months of negotiation, the interest holder signed a separation and release agreement waiving all of his pending legal claims against the Company for a substantially more favorable cash payout than was initially offered.
July 2019: DOL Wage & Hour Investigation Defended with No Violations Reported at Final Conference. An excavation company performing service on a prevailing wage project became the subject of a DOL Wage and Hour Division investigation. Although the DOL initially insisted on an extremely broad scope of inquiry, the employer succeeded in keeping the DOL investigator focused on the pertinent issues. The investigation concluded without any findings of violation issued against the employer.
March 2019: Union’s Employee Termination Grievance Denied. A county sheriff’s office terminated a deputy for engaging in grossly inappropriate sexual contact with a co-worker. Although surveillance footage captured the lead-up to the incident, no video existed of the incident itself. The union arbitrated the deputy’s termination, and the employer prevailed.
September 2018: Union’s Contractual Interpretation Grievance Denied. A manufacturing employer asserted the right to assign an employee to whichever “work crew” it preferred. The union grieved and arbitrated the case, asserting that the employee had the right to pick his or her preferred crew. The employer prevailed.
July 2018: Union’s Contractual Interpretation Grievance Settled. A collective bargaining agreement between a county and a nurse’s union provided each nurse the right to annually request a salary review. After a nurse’s salary review request resulted in no increase in pay at the county’s discretion, the nurse’s union filed a grievance and took the case to arbitration. The employer, which asserted that it had the right to grant salary increases at its own discretion, settled the case without damages and without increasing the nurse’s salary.
May 2018: Employee’s Discrimination Lawsuit Settled for Nuisance Value. A janitorial services employer terminated an employee for persistent poor performance. The employee filed suit under the ADEA, alleging she was actually discharged because of her age and asserting that the performance problems were pretextual. The employer litigated the case through the conclusion of discovery, and settled the case for nuisance value.
April 2018: Union’s Unfair Labor Practice Charge Dismissed. A county supervisor’s union asserted that the county committed unfair labor practice by reassigning work away from bargaining unit employees and giving that work to non-union supervisors. After seven days of trial, the employer prevailed.
December 2017: Union’s Employee Termination Grievance Denied. A county sheriff’s office discharged a dispatcher after she improperly classified an incoming emergency call, preventing help from arriving and causing a citizen to become grievously injured. The union grieved the termination and took the case to arbitration, where the employer prevailed.
October 2017: Employee’s Discrimination Lawsuit Dismissed and Defended on Appeal. A municipality fired an employee for engaging in threatening conduct towards a co-worker. The employee sued under the Michigan Whistleblower’s Protection Act, alleging that the incident was pretext to terminate him for complaining to the City Council. The employer prevailed on summary judgment, and successfully defended the judgment after appeal to the Michigan Court of Appeals and the Michigan Supreme Court.
August 2017: Union’s Unfair Labor Practice Charge Settled. An educational support union filed an unfair labor practice charge against a school district, alleging that the district unilaterally changed the health plan mandated by the collective bargaining agreement. After the employer rested at trial, the union agreed to settle the case without reverting to the former health plan.
July 2017: Union’s Contractual Interpretation Grievance Denied. A police union alleged that its employees were entitled to bid for vacation time up to each employee’s annual maximum, relying on past practice. The employer relied on the explicit contract language instead. The union took the case all the way to arbitration, where the employer prevailed.
June 2017: Union’s Employee Termination Grievance Denied. A municipality terminated a police officer after he was caught driving drunk off duty. The union grieved the termination and took the case to arbitration, where the employer prevailed.
January 2017: Employee’s Discrimination Lawsuit Dismissed. A janitorial services employer terminated an employee for walking off the job. The employee filed a federal lawsuit under Title VII, alleging he was actually discharged because of his sex and his race. The employer litigated the case through the conclusion of discovery, and prevailed on a summary judgment motion.
Presentation Topics
- Discrimination and Harassment Prevention in the Workplace
- Paid Medical Leave Administration and Policy
- FMLA/ADA Interplay
- Impact of Recreational Marijuana
- The Business of Marijuana in Michigan
- Employee Free Speech and Social Media in the Workplace
- Documentation in the Workplace: From Hire to Discharge
- Vaping, CBD Products and Smoking in the Workplace: A Guide for Employees
- Weed in the Workplace/CBD Weed
- Reasonable Suspicion
- COVID & the Holidays: Employer Considerations
- Cannabis and FFD Legal POV
- Clearing the Smoke on Recreational Marijuana: The Impact on Employers and Employees