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Michigan Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I was promised a 250 bonus for starting work. I was let go because of suspicion of marijuana and never received my $250
Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

First, look at the terms of that bonus closely. It may say you need to work a certain period of time before receiving the money. Second, if they are unwilling to give you the bonus, you may need to take legal action, but I would think twice about going to court for $250 when you were fired for... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can employers make you get Covid shot? Feeling singled out, belittled, bullied.

My daughter has had Covid, works in Mi and her and another not wanting shot at this time in their life. What are the rights protecting from being forced? Does this medical info (personal) fall under hippa being told by boss that it does not? Can I get fired for not having Covid shot? MI is at will... Read more »

Carrie Dyer
Carrie Dyer answered on May 19, 2021

You are correct that Michigan is an at-will state. Her employer can mandate that she get the COVID vaccination, unless she has a medical or religious reason for not wanting to do so. If either of those apply to her, you should contact an employment law attorney in your area to discuss her rights... Read more »

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1 Answer | Asked in Employment Discrimination for Michigan on
Q: During the interview process can the employer ask if a candidate received the COVID vaccine?
Michael Zamzow
Michael Zamzow answered on May 3, 2021

Yes, employers may ask if a prospective employee has been vaccinated.

1 Answer | Asked in Communications Law and Employment Discrimination for Michigan on
Q: Can someone video record w/ audio and eavesdrop on my conversation with a fellow employee without my knowledge?

I was inside their home because they hired our company to treat for pests. All electronics are supposed to be unplugged. She had a video camera set up and eavesdropped on my conversation with an employee while she was somewhere else watching on her phone. She’s now sent it to my office and trying... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2021

You have two issues: 1) you were in someone else's home, with no reasonable expectation of privacy; 2) this is an employment issue. Any one, right or wrong, can make a complaint. Good employers will assess the complaint and want to hear your side of things before taking action. It could be as... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I had an employer fire me for no reason but the paper said I been warned multiple times I have never been warned

Hi there I left my job to work for better pay for a company that been asking me to work for them for a couple years I worked there for a couple months and everyone was getting high and drinking on the job I did a great job I'm good at what I do one day i walked in and was handed a paper saying... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

You will likely need to wade through the unemployment appeal system where your fault can be established. Just keep in mind that warnings do not need to be in writing, and Michigan is generally an "at will" state. The remaining question seems to be whether you now qualify for unemployment benefits.

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Libel & Slander for Michigan on
Q: Can I file a lawsuit against someone for defamation of character and discrimination?I have proof ? Accusing me of crime

A supervisor at my old job is accusing me of committing a crime of vandalism on his vehicle, there is no evidence against me but I have messages of him calling me a criminal saying and also telling people it was me who committed the crime of a vandalism act to his vehicle , he even reported my name... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 5, 2021

You probably could take him to court, but unless you have provable damages, I don't know what good it will do. Defamation and any civil claim is different and carries a different burden of proof than a criminal case.

1 Answer | Asked in Employment Discrimination and Civil Rights for Michigan on
Q: Can I sue a company for wrongfully accusing me of a crime I did not commit ?

My old job is trying to say I committed a vandalism act against a car in their parking lot, no evidence against me or no proof of me being there just going by hearsay and blaming me for it , can I sue ?

Brent T. Geers
Brent T. Geers answered on Mar 4, 2021

Whenever someone talks about suing someone, we first must ask the question: what are the provable damages? Have you been turned down for other work?

Keep in mind that we're not talking about a criminal case here. No one needs to prove anything beyond a reasonable doubt. You would be...
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1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can management ask other employees about one another for a pay raise review? (Michigan at will employer)
Brent T. Geers
Brent T. Geers answered on Jan 15, 2021

I don't see why not. Pay raises would be discretionary. And so long as your employer doesn't deny you a pay raise due to a protected class status, you'll have an uphill climb.

Q: I live where I work and they just sent me an eviction notice and it say I'm squatting, can get legally evict me?

I pay partial rent and don't have a rental agreement and been living where I work ( maintenance man) for 8 years. They wrongfully fired me but then gave me my job back at the end of the week (I didn't ask for it back) now I have an eviction notice saying I'm squatting and have to... Read more »

David Soble
David Soble answered on Dec 27, 2020

Without a written lease, you have a month to month rental agreement (oral agreement). Therefore, they would have to give you 30 days notice. You should also note that in Michigan there are new measures in place with the district courts related to the residential eviction process that require more... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal to pay someone more than you make although they got hired after you and they do a less job?

I got hired as a massage therapist at a massage spa 8 years ago. I got paid $ 16 an hr and made my way to the top through hard work. and now I'm a lead therapist making $23.50 an hr. Today I found out one of the therapists they hired 6 months ago is making $24 an hr..< as a lead therapist... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 4, 2020

While your situation certainly sounds unfair, federal law only requires that employees be paid at least minimum wage for each hour worked. However, if your employer has a discriminatory motive for paying you less than other employees (i.e. if you are paid less based on your race, sex, age,... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Michigan on
Q: What action can I take if the Secretary of State/DMV is falsely reporting that I committed a crime?

I was charged (but not convicted) with Minor in Possession of Liquor when I was 16. The case was dismissed. I was told the record would be expunged when I turned 18. I am now 23 and this incident is still showing up on my driving record (Why my driving record??).

This is now hindering my... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 15, 2020

Lots of questions here...who told you it would be expunged when you turned 18? And even if true, court records (which a judge would have the power to expunge) are different than the Secretary of State's records (which judges have no authority over).

My first step would be to reach out...
Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... Read more »

Jeff Herron
Jeff Herron answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I was fired from a job because of a Facebook post on in a private group.

Fired me at will after asking me to take the post down

Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

There is very little that's private on Facebook. Somehow, what you posted got back to your employer. You may contact a local employment law attorney to see if any exceptions to the general rule of at-will employment apply to you. Generally, though, employers are allowed to take action based on... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I underwent sexual harrasment at my work place for two weeks, I then texted my boss saying I needed to quit, planning on

Putting my two weeks notice in, the next morning when I showed up to see about the paperwork for such a thing, my assistant manager yelled at me to leave the store because I had quit, even though I hadn't filed the paperwork yet, punched me and physically threw me out of the back door of my... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Sounds like there is a lot going on here and more facts are needed to fully evaluate your claim. If the sexual harassment was so severe or pervasive that it affected your ability to perform your job, you may have been subjected to a hostile work environment. I would recommend reaching out to an... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can I voice record my supervisor due to harassment and retaliation ? I work in a government agency I live in Michigan
Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

This is a far more complicated question than it appears. Michigan law makes it a crime to "use ... any device to eavesdrop upon [a] conversation without the consent of all parties." and further prohibits installing a recording device in a 'private location' without the consent... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer furlough me due to being high risk during the COVID-19 pandemic in Michigan?

My employer said they are going to furlough all parttime employees and 1 full-time employee. They asked for volunteers. Another employee, with less seniority, volunteered. Then my employer told me that because of a previous medical condition I need a note from my doctor stating I am not a... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 12, 2020

While your employer can prevent you from coming to work if you've been diagnosed with COVID-19, it cannot treat you differently or require any further documentation from you based on any medical condition that could put you at greater risk for COVID-19. If your employer furloughs you instead... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: My employer told unemployment I quit but I have 2 text messages that say if I dont show up I'm fired. Should I protest

One text is from my gm said if you dont show up today your done. The 2nd is from my shift manager and says brad said if you didnt show up for your shift your fired. The company then told unemployment I voluntarily quit. I dont know if I should protest the finding if they deny my unemployment. I... Read more »

Brent T. Geers
Brent T. Geers answered on May 12, 2020

I'm not sure what benefit you would gain. If you didn't voluntarily quit (by willingly not showing up), then you were fired for misconduct. And you have nothing to protest unless you are denied unemployment.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I work at a hotel...management is trying to get us back with the threat of denying our unemployment...is this legal?
Brent T. Geers
Brent T. Geers answered on May 9, 2020

If they are legally able to operate, then yes, as their employee, you are obligated to work as scheduled or be fired, which could lead to their threat of denying your unemployment valid.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer give more sick/personal time to "high risk" employees during the COVID pandemic?

I work for a large corporation that is considered essential through the pandemic shut downs. The company generously gave all employees an additional 80 hours of sick/personal time to cover any time off wanted or needed during the pandemic. If not used, the employee will be paid for those hours. It... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 29, 2020

Since your employer is a large corporation (500+ employees) and is considered an essential business, they are not legally required to offer any paid leave during this ongoing pandemic. Since there are no minimum standards here regarding how much paid leave employees are entitled to, your employer... Read more »

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