WURTZ v BEECHER METR OPOLITAN DISTRICT Docket No. 146157. Argued December 10, 2013 (C alendar No. 9). Decided April 25, 2014. Richard L. Wurtz brought an action in th e Genesee Circuit Court against the Beecher Metropolitan District (a water a nd sewage district), Jacquelin Co rlew, Leo McClain, and Sheila Thorn, alleging a violation of the Whistl eblowers’ Protection Act (WPA), MCL 15.361 et seq ., and wrongful termination in violation of public policy. Wurtz had serv ed as the district’s administrator from February 1, 2000, until Februa ry 1, 2010, pursuant to a contract he drafted earlier while he was the district ’s attorney. The individual defendants were those members of the district’s five-member board who voted not to renew Wurtz’s contract. The tension between Wurtz and the board began in May 2008 when he reported an alleged violation of the Open Meetings Act by the individual defendants an d continued through November 2009 when he reported to the sheriff’s department and the ne wspaper what he allege d were improprieties in reimbursements to the board for a ttendance at an out-of-state conference. The board voted to not renew Wurtz’s contract, but allowe d him to finish his full 10-year term, and he received all his salary and benefits during that term. Defenda nts moved for summary disposition, arguing that Wurtz had not been fired because his contract expired by its own te rms. The court, Judith A. Fullerton, J., dismissed the public-policy cla im, holding that the WPA provided Wurtz’s exclusive avenue of relief. Th e court also concluded that Wu rtz could not satisfy the WPA’s elements because he had worked the entire term of his contract and not been discharged. Wurtz appealed, and the Court of Appeals, W HITBECK , P.J., and J ANSEN , J. (K. F. K ELLY , J., dissenting), reversed, holding that summary dis position was inappropriate because an employer’s failure to renew a contract employee’s fixed-term contract satisfied the WPA’s requirement that the employee suffer an adverse employment ac tion. 298 Mich App 75 (2012). The Supreme Court granted defendants’ application fo r leave to appeal. 494 Mich 862 (2013). In an opinion by Justice Z AHRA , joined by Chief Justice Y OUNG and Justices M ARKMAN , K ELLY , M C C ORMACK , and V IVIANO , the Supreme Court held : Under MCL 15.362, a plaintiff must demonstrate three elements to establish a prima facie case that the defendant employer violated the WPA: (1) the empl oyee was engaged in a protected activity listed in the WPA, (2) the employ ee was discharged, threatened, or otherwise discriminated against regarding his or her compensation, terms, conditions, location, or privileges of employment, and (3) a causal conn ection existed between the employee’s protected activity and the employer’s act of discharging, threatening, or ot herwise discriminating against the employee. By its express language, the WPA a pplies only to individu als who experience one Michigan Supreme Court Lansing, Michigan 

# Syllabus Chief Justice: Robert P. Young, Jr. Justices: Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano This syllabus constitutes no part of th e opinion of the Court but has been prepared by the Reporter of Decision s for the convenience of the reader. Reporter of Decisions: Corbin R. Davisor more of the statute’s enumerated adverse empl oyment actions with respect to their status as employees. A contract employee seeking a new term of employment should be treated the same as a prospective employee for purposes of the WP A. The WPA has no application in the hiring context. It excludes job applicants and pr ospective employees from its protections and, therefore, does not apply when an employer dec lines to renew a contract employee’s contract. Absent some express obligation stating otherwis e, a contract employee has absolutely no claim to continued employment after his or her contract expires. Wurtz had no recourse under the WPA because he alleged only that his former empl oyer declined to renew his contract, not that the employer took some adverse action against him during his contractual term of employment. Wurtz’s claim failed as a matter of law, and su mmary disposition was not premature because no amount of additional discovery could have shown that Wurtz came within the WPA’s protections.
Reversed and remanded.
Justice C AVANAGH concurred in the result.

©2014 State of MichiganFILED APRIL 25, 2014
S T A T E O F M I C H I G A N
SUPREME COURT

RICHARD L. WURTZ, Plaintiff-Appellee,
v No. 146157 BEECHER METROPOLITAN DISTRICT, JACQUELIN CORLEW, LEO McCLAIN, and SHEILA THORN Defendants-Appellants.

BEFORE THE ENTIRE BENCH
Z AHRA , J.
This case requires the Court to consid er the application of Michigan’s Whistleblowers’ Protection Act (WPA) 1 to a contract employee whose contract is not renewed ostensibly because of the employee’s whistleblowi ng activities. A contract employee whose term of employment has expi red without being subject to a specific

1 MCL 15.361 et seq

. Michigan Supreme Court Lansing, Michigan 

# Opinion Chief Justice: Robert P. Young, Jr. Justices: Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano2 adverse employment action identified in the WPA and who seeks reengagement for a new term of employment occupies the same legal position as a prospective employee. The WPA, by its express language, only applie s to current employees; the statute offers no protection to prospective employees. Because the WPA does not apply when an employer decides not to hire a job applicant, it likewise has no application to a contract employee whom the employer declines to rehi re for a new term of employment. The plaintiff in this case has no recourse unde r the WPA because he a lleges only that his former employer declined to renew his contr act, not that the employer took some adverse action against him during his contractual term of employment. Accordingly, we reverse the Court of Appeals’ contrary decision and remand this case to the circuit court for entry of summary disposition in defendants’ favor.
I. FACTS AND PROCEEDINGS The Beecher Metropolitan District (the Di strict) manages water and sewage for a portion of Genesee County. The District has five elected board members and also employs a part-time district administrator w ho manages District operations on a day-today basis. The District has 11 full-time employees who do various maintenance and clerical jobs. The District’s full-time empl oyees operate under a un ion contract; only the district administrator historically operates u nder a separate contract with the District. Plaintiff Richard Wurtz began his tumultuous tenure as the district administrator on February 1, 20 00, and served until February 1, 2010. Before becoming district administrator, Wurtz was the District’s attorney . In his capacity as attorney, he drafted the contract that would govern his term as di strict administrator. The contract provided3 for a 10-year term beginning on February 1, 2000, and ending on February 1, 2010. The board approved the contract and Wurtz became district administrator. Tension between Wurtz and the board developed in May 2008 when Wurtz reported an alleged violation of the Open Meetings Act (OMA) 2 to the Genesee County
Prosecutor. In a letter dated May 22, 2008, Wurtz informed the prosecutor that board members Sheila Thorn, Leo McClain, and Jacquelin Corl ew—the three individual
defendants in this case—had met with a labor attorney outside of a public meeting to discuss retaining the attorney. The prosecut or, however, declined to prosecute. Several months later, Wurtz demanded a benefits increa se commensurate with those given to the District’s unionized employees . He told the board that he was the one who filed the OMA complaint and said that he would treat the board’s failure to capitulate as retaliation for his reporting the alleged OMA violations . The board granted Wurtz the increase he desired, with two of the defendant board me mbers voting against his benefits increase and one voting in favor. In early 2009, Wurtz sent a proposal to the board rega rding his contract. Wurtz
said he could save the Distri ct money by reducing his sala ry and cutting off all of his benefits except life insurance. But the proposal also would have extended Wurtz’s already tumultuous term for an additional 2 1 / 2 years. A motion to accept Wurtz’s proposal was defeated by a vote of 3 to 2. Thorn, McClain, and Corlew voted against Wurtz’s proposal.

2 MCL 15.261 et seq

.4 Relations between Wurtz and the board furthe r deteriorated in the spring of 2009. The board had plans to attend the American Water Works Association conference in San Diego. Wurtz told the board that he had c oncerns about the cost of the trip and the
manner of reimbursement. He noted several recreational items that he thought it would be inappropriate to subsidi ze with taxpayer fu nds. Wurtz nonetheless reimbursed the board for the expenses. Despite having issued the reimbursement checks himself, Wurtz contacted the Genesee County Sheriff’s Depart ment and the Flint Journal regarding the board’s trip to San Diego. This resulted in the sheriff’s department raiding the District’s office and public outcry about the board members’ actions. Wu rtz cooperated with the investigation conducted by the sheriff’s depa rtment. The board members were criminally charged in connection with th e trip, but all were acquitted of wr ongdoing or had the charges against
them dismissed.
Events came to a head in November 2009, several m onths before Wurtz’s contract was set to expire. At the November 11, 2009 meeting, Wurtz warned the board that he
would consider the board’s failure to extend hi s contract to be retaliation for the criminal investigation. The board, howe ver, refused to heed Wurtz’s warning and voted 3 to 2 not to renew Wurtz’s contract and to begin the se arch for a new district administrator. The majority once again consisted of Thorn, McCl ain, and Corlew. Wurt z’s attorney wrote a letter to the board informing it that Wurtz in tended to file a claim under the WPA. But the board replied that it would not change its mind, citing other, legitimate reasons for deciding not to renew Wurtz’s contract. The board explained that the tumultuous relationship between Wurtz and the boar d members far preceded any alleged5 whistleblowing activities, and fu rthermore, that it wished to make the administrator job
full-time. Wurtz could not hold the position full-time be cause of his law practice. Despite the total breakdown of the worki ng relationship, the board allowed Wurtz to finish out his contract. Wurtz’s employmen t with the District expired on February 1, 2010, by the terms of the contract. One e ssential and undisputed fact bears emphasis: Wurtz suffered no adverse co nsequences in the context of his self-drafted 10-year contract. He received all of the salary and benefits to which he was entitled, and he was employed as district administrator for e ach and every day of the agreed-to term. After his employment ended, Wurtz brought suit in Genesee Circuit Court against
the District and the three board members who voted not to renew his contract, alleging a violation of the WPA and wrongfu l termination in vi olation of public policy. Defendants moved for summary disposition, arguing that Wurtz had not been fired because his contract expired by its own terms. Wurtz argued that his employment was terminated and, further, that summary disposition was pr emature because discovery was incomplete. But the court agreed with defend ants. First, the court dismis sed the public policy claim, holding that the WPA provided the exclusive avenue of relief to Wurtz. Then the court
concluded that Wurtz could not satisfy all of the WPA’s elem ents because he had worked through the entirety of his cont ract and was not discharged. Wurtz appealed the circuit court’s deci sion to the Court of Appeals, which reversed in a split opinion. 3 The majority concluded that summary disposition was inappropriate because, in its view, an employe r’s failure to renew a contract employee’s

3 Wurtz v Beecher Metro Dist , 298 Mich App 75; 825 NW2d 651 (2012).6 fixed-term contract satisfied the WPA’s requ irement that the employee suffer an adverse employment action. 4 The dissent, on the other hand, wo uld have held as a matter of law that Wurtz could not satisfy th e WPA’s elements based on the nonrenewal of a fixed-term

contract. 5 Defendants sought leave to appeal in this Court, which we granted. 6 We asked the parties to address “(1) whether the plai ntiff suffered an adverse employment action under the [WPA] when the defendants declin ed to renew or exte nd the plaintiff’s employment contract, which did not contain a renewal clause beyond the expiration of its ten-year term; and (2) whether there was a fa ir likelihood that additional discovery would have produced evidence creating a genuine issue of material fact, MCR 2.116(C)(10), if the defendants’ motion for summary dispos ition had not been granted prior to the completion of discovery.” 7

II. STANDARD OF REVIEW The interpretation of the WPA presents a st atutory question that this Court reviews
de novo. 8 The Court also reviews de novo de cisions on motions for summary disposition brought under MCR 2.116(C)(10). 9

4 Id . at 88.

5 Id. at 91 (K.F. K ELLY , J., dissenting).

6 Wurtz v Beecher Metro Dist , 494 Mich 862 (2013).

7 Id

. 8 Whitman v City of Burton , 493 Mich 303, 311; 831 NW2d 223 (2013).

9 Johnson v Recca , 492 Mich 169, 173; 821 NW2d 520 (2012).7 III. ANALYSIS
This case invites the Court to decide wh ether the WPA applies when an employer declines to renew an employee’s fixed-term contract following alleged whistleblowing by the employee. To answer th is question, we first conclu de that a contract employee seeking a new term of employm ent should be treated the sa me as a prospective employee for purposes of the WPA. The question then becomes whether a spurned job applicant can bring a claim under the WPA. We hold that the WPA, by its express language, has no application in the hiring context. Thus , the WPA does not apply when an employer declines to renew a contract employee’s contract. Absent some express obligation stati ng otherwise, a contract employee has absolutely no claim to continued employm ent after his or her contract expires. 10 Rather, the employer must weigh the pros and co ns of engaging the applicant for a new employment term, just as an employer must weig h the pros and cons of hiring a person in the first place. And as with any employm ent decision, the employer can make its decision for good reasons, bad reasons, or no reas ons at all, as long as the reasons are not unlawful, such as those based on discrimination. 11 Therefore, in the context of the present case, no relevant difference exists between a new job applicant and a current contract employee seeking a new term of employment.

10 Bd of Regents of State Colleges v Roth , 408 US 564, 578; 92 S Ct 2701; 33 L Ed 2d 548 (1972).

11 See Mich Employment Relations Comm v Reeths-Puffer Sch Dist , 391 Mich 253, 259; 215 NW2d 672 (1974) (“[A]n employee may be terminated for a ‘good reason, bad reason, or no reason at all’.”), quoting NLRB v Century Broadcasting Corp , 419 F2d 771, 778 (CA 8, 1969).8 We then ask whether a prospective employ ee who attempts to blow the whistle on a would-be employer may invoke the WPA’s pr otections. When inte rpreting a statute, this Court must, of course, iden tify and give effect to the Le gislature’s intent. The most reliable indicator of the Legislature’s intent is the language of the statute itself. If the statutory language clearly and unambiguously states the Legislature’s intent, then further judicial construction is neither required nor pe rmitted, and the statute must be enforced as
written. 12 The relevant provision of the WPA, MCL 15.362, states the following: An employer shall not discharge, th reaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employe e, reports or is about to report, verbally or in writing, a violation or a suspecte d violation of a law or regulation or rule promul gated pursuant to law of this state, a political subdivision of this state, or the Un ited States to a public body, unless the employee knows that the report is fa lse, or because an employee is requested by a public body to participate in an inve stigation, hearing, or inquiry held by that public body, or a court action. Drawing from the statutory language, this Court has identified three elements that a plaintiff must demonstrate to make out a pr ima facie case that the defendant employer has
violated the WPA: (1) The employee was engaged in one of the protected activities listed in the provision. 13

12 Whitman , 493 Mich at 311.

13 The protected activities listed in the act consist of reporting or being about to report a violation of a law, regulation, or rule, or being requested by a public body to participate in an investigation, hearing, inquiry, or court action. MCL 15.362. See also Chandler v Dowell Schlumberger Inc , 456 Mich 395, 399; 572 NW2d 210 (1998); Brown v Detroit Mayor , 478 Mich 589, 594; 734 NW2d 514 (2007).9 (2) the employee was discharged, threaten ed, or otherwise discriminated against regarding his or her compensation, terms, conditions, location, or privileges of employment. 14

14 Many courts, including this one, have at tim es grouped the collecti on of retaliatory acts that an employer might take toward a wh istleblower under the broader term “adverse employment actions.” See, e.g., Whitman , 493 Mich at 313; cf. Chandler , 456 Mich at 399 (drawing the second element of a prima fa cie WPA claim directly from the statutory language). But the way that the term ha s obtained meaning rese mbles the telephone game in which a secret is passed from person to person until the original message becomes unrecognizable. The term “adverse employment action” was originally developed and defined in the co ntext of federal antidiscrimin ation statutes to encompass the various ways that an empl oyer might retaliate or discrimi nate against an employee on the basis of age, sex, or race. See Crady v Liberty Nat’l Bank & Trust Co of Indiana , 993 F2d 132, 136 (CA 7, 1993) (“A materially adverse change might be indicated by a termination of employment, a de motion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of bene fits, significantly diminished material responsibilities, or other indices that might be unique to a particular situation.”). The term “adverse employment action” appeared in this Court’s jurisprudence for the first time in an age discrimination case, Town v Mich Bell Tel Co , 455 Mich 688, 695; 568 NW2d 64 (1997), though the statut e at issue in that case, as here, did not contain the term. Michigan courts then adopted th e federal definition of “adverse employment action” in the context of making out a prim a facie case under Michigan’s Civil Rights Act. Wilcoxon v Minnesot a Mining & Mfg Co , 235 Mich App 347, 362-366; 597 NW2d 250 (1999). Finally, the term crept into WPA cases. See Debano-Griffin v Lake Co , 493 Mich 167, 175-176; 828 NW2d 634 (2013); Brown v Detroit Mayor , 271 Mich App 692, 706; 723 NW2d 464 (2006), aff’d in relevant part , 478 Mich 589 (2007). While the term “adverse employment acti on” may be helpful shorthand for the different ways that an employer could retaliate or discriminate against an employee, this case illustrates how such haphazard, telephone -game jurisprudence can lead courts far afield of the statutory language. That is, de spite courts’ freewheeling transference of the term from one statute to anothe r, the WPA actua lly prohibits different “adverse employment actions” than the federal and state antidiscrimination statutes. So we take this opportunity to return to the express language of the WPA when it comes to the necessary showing for a prima fa cie case under that statute. Put another way, a plaintiff’s demonstration of some abstract “adverse empl oyment action” as that term has developed in other lines of caselaw will no t be sufficient. Rather, the plaintiff must demonstrate one of the specific adverse employmen t actions listed in the WPA.10 (3) A causal connection exis ts between the employee’s protected activity and the employer’s act of discharging, threatening, or otherwise discriminating against the employee. 15 Significantly, as gleaned from the WPA’s express la nguage, the statute only applies to individuals who currently have the status of an “employee.” 16 The Legislature defined an “employee” in the WPA as “a person who performs a service for wages or
other remuneration under a co ntract of hire, written or oral, express or implied.” 17 Noticeably absent from the WPA’s definiti on of “employee” is any reference to prospective employees or job applicants. And indeed, the actions prohibited under the WPA could only be taken against a current employee. Only an employee could be discharged and only an employee could be th reatened or discrimina ted against regarding his or her compensation, terms, conditions, lo cation, or privileges of employment. Thus, the WPA simply excludes job applicants and prospective em ployees from its protections.

15 MCL 15.362 (stating that an employer ma y not take prohibited action against an employee “ because ” of an employee’s engagement in a protected activity) (emphasis added). See Chandler , 456 Mich at 399; Debano-Griffin v Lake Co , 493 Mich at 175 (2013).

16 We recognize that plaintiff was an empl oyee at the time he engaged in protected activity. Significantly, however, plaintiff ma kes no claim that his employment contract was in any way breached or that he was subj ect to a specific a dverse employment action enumerated by the WPA during his contract term. Rather, plaintiff maintains that because he engaged in protected activity during his contract term, he has a right under the WPA to renewal of his contract. For the re asons set forth in this opinion, we reject plaintiff’s claim.

17 MCL 15.361(a).11 In this regard, the WPA stands in stark contrast to Michigan’s Civil Rights Act (CRA). Whereas the WPA makes no mention of pre-employment conduct, the CRA refers to an employer’s failure to hire or recruit someone: An employer shall not do any of the following: (a) Fail or refuse to hire or recruit , discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of religion, race, color, nati onal origin, age, sex, he ight, weight, or marital status. [18] The same is true of the federal Age Discrimination in Employment Act (ADEA) 19 and
Title VII of the federal Civil Rights Act (Title VII). 20 Each of these statutes provides protection during the recruitment and hiri ng process; the WPA does not. Moreover, whereas the WPA protects “emp loyees,” the CRA, the ADEA, and Title VII protect the
broader class of “individuals” from prohibited employer actions. 21 Thus, when discussing the protections afforded prospe ctive employees, any comparison to these antidiscrimination statutes offers little help. 22

18 MCL 37.2202(1) (emphasis added).

19 29 USC 623(a)(1) (stating that it shall be unla wful for an employer “to fail or refuse to hire or to discharge any individual . . . because of such individual’s age”).

20 42 USC 2000e-2(a)(1) (stating that it shall be an unlawful employment practice for an employer “to fail or refuse to hire or to di scharge any individual . . . because of such individual’s race, color, religi on, sex, or national origin”).

21 MCL 37.2202; 29 USC 623(a )(1); 42 USC 2000e-2(a)(1).

22 This, of course, does not mean that courts interpreting the WPA should never look to the CRA or federal antidiscrimination statutes for help. But in doing so, courts must be cognizant of the textual di fferences that exist.12 In light of this analysis, caselaw appl ying the antidiscrimination statutes to contract renewals offers no insight into how the WPA should operate in the same situation. For example, consider Leibowitz v Cornell Univ , 23 a case extensively relied on by Wurtz and the Court of Appeals majority , which involved a nontenured professor at
Cornell. 24 The professor sued the school for vi olation of Title VII and the ADEA after it declined to renew her fixed-term contract. 25 The Leibowitz court held that “where an employee seeks renewal of an employment contract, non-re newal of an employment
contract constitutes an adve rse employment action for purp oses of Title VII and the
ADEA.” 26 But any reliance on Leibowitz for its application in the WPA context ignores the logic that the court used to reach its conclusion. In fact, the court held that
nonrenewal of a contract fell within the antidiscrimination statutes’ reach precisely
because the statutes protect new job applicants. 27 But the WPA has no application during the hiring process. Th e floor underlying the Leibowitz court’s conclusion collapses when

23 Leibowitz v Cornell Univ , 584 F3d 487 (CA 2, 2009).

24 Id . at 492-493.

25 Id . at 495.

26 Id . at 501.

27 Id . at 500-501 (“It is beyond cavil that employe rs subject to the strictures of the ADEA and Title VII may not discrimina te on the basis of age or ge nder in deciding whether or not to hire prospective employees. . . . We re we to accept defendants’ argument here, we would effectively rule that current employees seeking a renewal of an employment contract are not entitled to the same statutory protections under the discrimination laws as prospective employees. . . . An employee seeking a renewal of an employment contract, just like a new applicant or a rehire after a layoff, suffers an adverse employment action when an employment opportunity is denied and is protected from discrimination in connection with such decisions un der Title VII and the ADEA.”).13 attempting to apply Leibowitz to the WPA. While the ADEA and Title VII may apply in the context of a contract renewal, that fact has no bearing on the application of the WPA
in the same situation. This Court need not inquire why the Le gislature chose to confine the WPA’s protections by the bookends of employment wh ile extending the CRA’s protections to the hiring context. The Legislature elected to craf t its legislation that way, and we decline to second-guess the wisdom of the Legislature’s policy decisions. 28 Indeed, any number of policy justifications could be advanced fo r limiting the WPA’s application to current employees. 29 The mere fact that the Legislature chose to extend the CRA to the hiring
context is insufficient to ex tend the WPA that far too, particularly when the WPA’s statutory language requires the opposite result.

28 See Petripren v Jaskowski , 494 Mich 190, 212 n 50; 833 NW2d 247 (2013).

29 For example, the Legislature might have c onsidered the possibility of a situation like that which has arisen under the Energy Reorganization Act (ERA), 42 USC 5851, a federal whistleblowing statute that has been in terpreted to protect prospective hires. A single litigant, Syed Hasan, has su ed at least a dozen companies that refuse d to hire him. Hasan, who has raised nonmeritorious whistleblowing allegations in the past, methodically seeks employment and inform s the prospective employers of his whistleblowing history. Then, when the comp anies decline to hire him, Hasan promptly brings an action for violatio n of the ERA’s whistleblowin g provisions. Despite his unmitigated waste of judicial resources all aro und the country, this Court has not turned up a single case in which Hasan prev ailed on the merits. See, e.g., Hasan v US Dep’t of Labor , 545 F3d 248 (CA 3, 2008); Hasan v US Dep’t of Labor , 400 F3d 1001 (CA 7, 2005); Hasan v US Dep’t of Labor , 298 F3d 914 (CA 10, 2002); Hasan v US Dep’t of Labor , 301 F Appx 566 (CA 7, 2008); Hasan v Secretary of Labor , 90 F Appx 5, (CA 1, 2004); Hasan v US Dep’t of Labor , 102 F Appx 341 (CA 4, 2004); Hasan v US Dep’t of Labor , 107 F Appx 184 (CA 11, 2004).14 Lest today’s holding be misapplied, we find it necessary to mention several things that this opinion does not say. While we hold th at the WPA does not apply to decisions regarding contract renewal, we emphasize th at the WPA does protect employees working under fixed-term contracts from prohibited em ployer actions taken with respect to an employee’s service under such a contract. Indeed, the WPA’s definition of “employee” expressly denotes a person workin g “under a contract for hire.” Thus, when an employer discharges, threatens, or discriminates agai nst a contract employee serving under a fixedterm contract because the em ployee engaged in a protected activity, the WPA applies. Today’s holding also has no bearing on at-will employ ees. While an at-will employee cannot maintain any expectation of future employment, the employment continues indefinitely absent any action from the employer. 30 Thus, an at-will employee does not need to reapply for the job for th e employment to continue beyond a certain date. Once hired, an at-will employee will no t later find himself or herself in the same position as a new applicant. A current at-will employee therefore stands squarely within the WPA’s protections. 31 An employee working under a fixed-term contract, on the other hand, essentially becomes a ne w applicant when seeking a ne w term of employment. In sum, we do not base our decisi on today on whether a person can maintain an expectation of future employment but merely on whet her the person falls within the WPA’s protections. At-will employees do; cont ract employees seeking a new term of employment do not.

30 McNeil v Charlevoix Co , 484 Mich 69, 86; 772 NW2d 18 (2009).

31 See Suchodolski v Mich Consol Gas Co , 412 Mich 692, 695 n 2; 316 NW2d 710 (1982).15 The WPA’s language governs this case without any additional judicial interpretation. The WPA si mply does not extend to th e pre-employment context. Because we discern no legal difference between a contract employee seeking a new term of employment and a new applicant, the WPA provides no protection to a contract employee in that context. If a contract em ployee alleges only that the employer declined to renew the employee’s contract, and not so me action taken against the employee with respect to an employee’s service under th e contract, the WPA has no application.
IV. APPLICATION Wurtz cannot show any entitlement to relie f under the WPA. Wurtz alleges that the District violated the WPA by deciding not to renew his contract. In other words, Wurtz only alleges that the District took so me action against him in his capacity as an applicant for future employment. But as this opinion has shown, the WPA does not apply to job applicants, nor doe s it apply to contract employees seeking renewal of their

contracts. 32 The trial court properly granted su mmary disposition in defendants’ favor. During Wurtz’s ten years as an employee —when he enjoyed the protections of the WPA—he endured no action prohibited by the WP A. He was not discharged, threatened, or discriminated against rega rding his compensation, term s, conditions, location, or privileges of employment. He served the District for the entire duration of his contract

32 Wurtz’s contract did not co ntain any renewal clause impos ing some obligation or duty on the employer to act. Thus, we need not a ddress the effect that such a clause would have on our analysis.16 and received every cent and every benefit to which he was entitle d. Thus, the District did not engage in any action prohibited by the WPA. Moreover, the circuit court did not pr ematurely grant summary disposition in defendants’ favor. Generally, a circuit cour t should not grant su mmary disposition unless
no fair likelihood exists that additional di scovery would reveal more support for the nonmoving party’s position. Wurtz argues th at additional discovery would have yielded employment records showing that the Districtroutinely renewed its employees’ fixedterm contracts. Accepting this as true, no additional discovery would change the
outcome in this case. Wurtz worked for the District for the entirety of his contract and suffered no adverse employment action in the cont ext of that contract. That the District may have renewed employees’ contracts in th e past does not transform the expiration of Wurtz’s contract into a prohibited action. No amount of additional discovery would have yielded support for Wurtz’ s position, and summary dis position was not premature. During his time as an employee , Wurtz experienced no action prohibited by the
WPA and therefore has no recourse under the statute. As an applicant for future employment, Wurtz was not hired. But the WPA does not cover prospective employees whom an employer declines to hire, so Wu rtz cannot claim relief under the statute.
V. CONCLUSION The WPA does not provide Wurtz any r ecourse. The WPA does not apply to prospective employees and it does not apply to contract employees seeking renewal of their employment contract. Wurtz’s only alle gation of a prohibited action occurred in the context of his application for future employment, so his claim fails as a matter of law.17 Moreover, summary disposition was not pr emature because no am ount of additional discovery would show that Wurtz came within the WPA’s protections. Accordingly, we reverse the Court of Appeals’ decision and rema nd this case to the ci rcuit court for entry of summary disposition in defendants’ favor.

Brian K. Zahra Robert P. Young, Jr. Stephen J. Markman Mary Beth Kelly Bridget M. McCormack David F. Viviano

C AVANAGH , J., concurred in the result.