Service Areas

Education

Tulane University Law School, J.D.
Western Michigan University, B.A.

Bar Admissions

Michigan

Court Admissions

U.S. Supreme Court

U.S. Circuit Court of Appeals

Sixth Circuit

U.S. District Courts

Eastern District of Michigan
Western District of Michigan

Michigan Circuit Courts and Court of Appeals

James B. Thelen

Principal

thelen@millercanfield.com

Lansing
T: +1.517.483.4901
O: +1.517.487.2070
F: +1.517.374.6304

When it comes to employment matters, James B. Thelen is an expert at translating legal advice into practical advice for his clients in all areas of the law affecting human resources, labor relations and the complete employment relationship. Jim also counsels his clients on how to overcome difficult situations before they wind up on the courthouse steps. When a decision or principle is worth fighting for in court, Jim efficiently manages both the cost and strategy so his clients are not caught off guard. By communicating early and often, Jim’s clients have sufficient information to make intelligent decisions.

“I listen. Then I ask questions. And only then do I counsel and advise. Then I work with my client’s decision, because it’s their decision to make, not mine. If I’m doing all the talking, or think that I should be making the decisions, my clients aren’t getting their money’s worth.”
James B. Thelen

Experience

In representing a client in a lawsuit filed by a former employee, Jim and his team discovered that the plaintiff had destroyed evidence from his home computer that likely would have helped the company’s defense. As a result, the case was dismissed.

“This was possible only because of our diligent discovery work to find proof of the employee’s evidence tampering. Using that to our advantage saved the client from having to answer to spurious but embarrassing allegations in the lawsuit.”

Reported + Published Decisions

Smith v Kalamazoo Ophthalmology, 322 F. Supp. 2d 883 (W.D. Mich. 2004)

Hegwood v Pharmacia & Upjohn, 985 F. Supp (W.D. Mich. 1997)

Mion v Aftermarket Tool & Equipment Group, 990 F. Supp 535 (W.D. Mich. 1997)

Professional Activities

American Bar Association, Labor and Employment Law Section
State Bar of Michigan, Labor and Employment Law Section
Ingham County Bar Association
Scribes, Member
Human Resource Management Association of Mid-Michigan, President, 2007-2008; President Elect, 2006-2007; Director of Communications, 2006

Honors + Awards

Chambers USA: America's Leading Business Lawyers, "Up and Coming," Employment Law 2006
Michigan Super Lawyers, Rising Star 2008

Teaching Experience

Western Michigan University, Part-time Instructor, upper-level undergraduate courses in judicial process and political history, 1997-2002

Publications

"Is That a Threat? An Employer's Response to Threats by Employees Can Prevent Workplace Violence," HR Magazine, December 2009

"On and Off the Paperless Trail--Why Paper Recordkeeping Has Nine Lives," HR Magazine, March 2009

"An Rx for FMLA Headaches," HR Magazine, May 2008

"Smelling Smoke," HR Magazine, December 2006

"Agreements to Arbitrate USERRA Claims Approved," HR Magazine, August 2006

"Employer's Data Destruction Suit Moves Forward," HR Magazine, June 2006

"Employees Had No Right To Keep Firearms on Company Property," HR Magazine, May 2006

"Workplace Rights for Service Members: The USERRA Regulations Deconstructed," Society for Human Resource Management's Legal Report, March/April 2006

"Calling in Sick Is Not FMLA Notice," HR Magazine, January 2006

"Sexual Favoritism May Create Hostile Work Environment," HR Magazine, October 2005

"E-mailed Arbitration Policy Found Wanting," HR Magazine, August 2005

Employment Law Handbook, Michigan Chamber of Commerce
Editor, 2003-present
Coeditor, 1996-2000

"Alternative Dispute Resolution in Michigan: Can Employers Compel Arbitration of Civil Rights Claims?" Enterprise, April 1996

Speeches

"Recordkeeping in the 21st Century," SHRM 61st Annual Conference & Exposition, New Orleans, LA, June 2009

"Record Retention" SHRM Interview, June 2008

"Record-Keeping in the 21st Century," SHRM 60th Annual Conference & Exposition, Chicago, IL, June 2008

"The Aftermath of the Affirmative Action Decision in Michigan," Miller Canfield Update, Lansing, December 2006

"Employee Handbooks: A Nuts & Bolts Approach," Lansing Regional Chamber, November 2006

"A Summary of the FLSA Overtime Regulation Changes," Howell Chamber of Commerce, Howell, Michigan, May 2004

"Military Duty and Employment: A Summary of the Rights and Obligations of Employers and Employees Under USERRA," Employment Law Matters Seminar, Western Michigan University, Kalamazoo, Michigan, April 2004

"Military Duty and Employment: A Summary of the Rights and Obligations of Employers and Employees Under USERRA," presentation to DTE Energy Services, Detroit, Michigan, April 2004

"A Summary of the Proposed FLSA Overtime Regulations Changes," Human Resources Managers Association of Mid-Michigan, East Lansing, Michigan, November 2003

"Untangling the ADA and FMLA," Morning Update Series, Lansing, Michigan, October 2003