Fired probate court administrator's lawsuit can continue in circuit court

The estate of the fired administrator of Macomb County Probate Court can continue its Whistleblower Protection Act claims against the court and two judges, the state Court of Appeals ruled this week.

The Court of Appeals reversed a Macomb County judge by saying that enough “disputed questions of facts exist” to debate whether the late Donald Housey was fired in retaliation for complaining about a judge and a guardianship services law firm.

Judge Mark Switalski

Housey was let go in January 2010 by then Chief Judge Mark Switalski, who contends he had the authority to fire Housey for any reason. “Coach’s decision,” he said.

Housey sued Switalski, Probate Judge Kathryn George, Macomb County Probate Court and Macomb County three times in two courts.

The federal case has been dismissed, but the two Macomb Circuit Court cases remain in regards to the WPA claim.

This week’s ruling mirrored and was based upon an April opinion by a different panel in the same court that a lawsuit can continue against only Probate Court for the WPA claim. The recent ruling also dismissed the wrongful dismissal claim.

The defendant filed an application to appeal to the state Supreme Court. That has not yet been ruled upon.

Kathleen Bogas, attorney for Housey’s estate, which is represented by his son, Mitchell, said she was pleased with the ruling.

“That (WPA) has always been the strongest part of our case,” she said.

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Fired probate court administrator's lawsuit can continue in circuit court