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Michigan Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Civil Litigation for Michigan on
Q: What can I do about unpaid wages after layoff in MI from NY employer?

I reside in Michigan and work remotely for an employer in New York. I was laid off on 04/04/2025 and am owed 3 weeks' pay. My employer claims the delay is due to overdue invoices that clients haven’t paid. I've contacted my employer daily, receiving the same excuse about my unpaid... View More

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Concern about intimidating language in job offer NDA and its ethical implications.

I'm reviewing a non-disclosure agreement from a job offer, and I'm concerned about the language used in the agreement. It states that I will have to access confidential information and return all such information upon termination without retaining any copies. It also emphasizes not... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s normal for companies to include clauses in NDAs that protect their confidential information, and the language you’re seeing may be fairly typical. Many businesses include terms that require employees to return all confidential materials and refrain from using or disclosing that... View More

1 Answer | Asked in Domestic Violence, Employment Law and Civil Litigation for Michigan on
Q: Ex charged with DV, but concerns arise over workplace interactions and charge dismissal.

My ex is going to court next week on a domestic violence charge related to an incident where he gave me a concussion by pulling blankets I was laying on to the ground. I have video and text evidence of him admitting to what he did and explaining his reasons. After the incident, he repeatedly... View More

James L. Arrasmith
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answered on Apr 11, 2025

You’ve been through a lot, and it’s completely valid to feel overwhelmed by how personal and professional life are clashing. From what you’ve described, your ex’s actions—especially the physical harm, admissions, repeated contact, and threats—are serious and may support the domestic... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Wrongful termination after overwork and lack of accommodation in MI.

I worked at my employer for almost three years and was terminated after working 1 year and 6 months straight between 40-50 hours a week while on ADHD medication. I had FMLA in place for cancer treatment. I believe I was overworked physically and mentally leading to burnout, but my kitchen manager... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

There is unfortunately not enough information provided here to answer your question fully. Generally speaking, if you never asked for a specific accommodation, or put your employer on notice that you needed one, you would most likely not have a claim that the employer failed to grant it. Your... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Was my job termination due to arthritis lawful without accommodations?

I was employed for 9 years and 9 months and was recently terminated for medical reasons. I suffer from arthritis and was not given any accommodations before losing my job. Is my termination lawful?

James L. Arrasmith
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answered on Apr 12, 2025

It’s troubling to hear that you were terminated after almost 10 years with the company, especially if it was due to your arthritis. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for employees with disabilities unless it causes undue... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Michigan on
Q: Can my employer terminate my employment while I'm on medical leave due to anxiety and require surgery?

I'm currently on medical leave due to anxiety, and my doctor extended this leave until May. While on leave, I fell and now require shoulder surgery scheduled for May 7, 2025. My employer informed me verbally on April 1, 2025, that they cannot accommodate additional time off and plan to... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—navigating both physical and mental health struggles while feeling pressure from your employer is incredibly overwhelming. In Michigan, if your medical leave is protected under the Family and Medical Leave Act (FMLA), your employer generally cannot... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Wrongful termination after not receiving accommodations for medical conditions and FMLA leave in Michigan.

I was working as a cook at a rehab and assisted living facility for 1 year and 6 months. I had FMLA in place due to being diagnosed with cancer and undergoing treatment. Additionally, I have ADHD and was in the process of changing my medication, which left me severely burnt out. Despite my... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through a difficult and unfair situation. Under the Family and Medical Leave Act (FMLA), your employer is required to provide you with up to 12 weeks of unpaid leave for a serious medical condition like cancer, and they should not terminate you for taking this leave.... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Terminated after medication change affected job performance; informed supervisor, no accommodations, past performance positive.

I was recently terminated from my job for violating company policy after a change in my medication affected my performance. I informed my supervisor about the changes, but my employer did not provide any accommodations. Although I signed a memo acknowledging the rules, my past performance reviews... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you are in a difficult situation, especially since your job performance had been positive in the past. If the change in your medication affected your ability to perform your job, your employer might have been required to make reasonable accommodations under the Americans with... View More

1 Answer | Asked in Employment Law and Health Care Law for Michigan on
Q: Can my employer dismiss me while I'm on medical leave after my doctor requested an extension for the same condition?

I am currently on short-term disability leave from work due to a serious medical condition, originally scheduled from March 1 to March 31. My doctor requested an extension of my leave until May 7 for the same medical condition, as stated in both the original and extension requests. However, my... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s concerning that your employer is stating they can’t accommodate your extended medical leave. In most situations, you are protected by the Family and Medical Leave Act (FMLA) if your employer has 50 or more employees and you meet certain requirements. FMLA allows up to 12 weeks of unpaid... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Can I claim owed wages if underpaid as a minor in Michigan?

I am a 15-year-old employee working at Culver’s in Michigan. I know that the state minimum wage increased to $12.48 a month ago, and as a minor, I understand I'm entitled to 85% of it, which is $10.61. However, I have been paid $10.50 an hour since I started on February 21, 2025, despite... View More

James L. Arrasmith
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answered on Apr 13, 2025

As a minor in Michigan, you are entitled to 85% of the state’s minimum wage, which is $10.61 per hour, not $10.50. Since you've been paid less than this rate since you started in February, you may be owed back wages for the difference. It's important to document the hours you worked and... View More

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Is my noncompete agreement enforceable under these conditions?

I live and work remotely in Michigan for a company based in Illinois. I signed a noncompete agreement in November 2021, governed by Illinois law, which restricts me from engaging in any similar business for 18 months in areas serviced during my employment. I earn about $40,000 a year. I am... View More

James L. Arrasmith
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answered on Apr 11, 2025

You're in a tough position, especially when your employer claims the noncompete has been voided but hasn’t provided that confirmation in writing. In Michigan, courts take a narrow view of noncompete agreements and only enforce them if they are reasonable in time, scope, and necessary to... View More

1 Answer | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Michigan on
Q: How can mental health-related past behavior affect future rental applications and what steps can be taken to improve chances?

I am seeking advice for my sister, who has previously had incidents involving setting a dumpster on fire twice due to mental health issues, for which she wasn't prosecuted. She is now stable and on medication. She is concerned about how this past behavior may affect her future rental... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that your sister might be worried about how her past behavior could affect future rental applications. Mental health-related incidents, especially if they involved property damage, can sometimes raise concerns for landlords. However, it’s important to note that landlords... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and White Collar Crime for Michigan on
Q: Could a township treasurer be culpable for employee charges if aware of misconduct?

I am an employee who has been put on unpaid administrative leave due to an allegation of misuse of public funds. The township treasurer, who is part of the elected board, was aware of the activity and did not consider it wrong, seemingly offering tacit approval. The personnel committee has... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on principles of municipal and public employment law, the township treasurer could potentially bear legal culpability in a matter involving alleged misuse of public funds. Under most state laws governing public entities, elected officials have a fiduciary duty to oversee public funds properly... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for my employer to require employees to fix damages on their own time in Michigan?

I am a W2 employee in Michigan working for an arborist company. Today, our boss implemented a new rule where if we break or damage anything, like a fence post or leave divots in a yard, we must buy the supplies and fix it on our own time. If we do not comply, we are subject to punishment from HR,... View More

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answered on Apr 13, 2025

Based on Michigan employment law, your employer's new policy raises significant legal concerns. In Michigan, employers generally cannot require employees to pay for business expenses or damages that occur during the normal course of employment. Under the Michigan Wage and Hour laws, employers... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Someone in charge of the DEI group: ” every white person is racist and there is no such thing as reverse discrimination”

Is this okay to say and ignore it or should something be done?

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answered on Jan 21, 2025

Such a statement is discriminatory and problematic, regardless of who makes it. Broad generalizations about any racial or ethnic group create hostile environments and go against the core principles of true diversity, equity, and inclusion efforts. These types of remarks can damage workplace culture... View More

1 Answer | Asked in Libel & Slander, Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: If a person works and lives on hotel premises, do they have the same rights as a guest or do they have different rights?

She is definitely being discriminated against for her gender and treated differently

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answered on Jan 5, 2025

When you work and live on hotel premises, your rights differ from those of guests. As an employee, you are entitled to specific workplace protections, including fair treatment and a safe environment. Employers must adhere to labor laws, which cover issues like working hours, wages, and... View More

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does my non-compete and non-solicitation clause still apply if I am still employed and opening my own private practice?

I am a therapist with a non compete and non solicitation clause. I want to open my own private practice while still employed under contract with a non-compete/non-solicitation clause. These clauses say "Following the termination of employment, Clinician agrees for a x year period to refrain... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A MIchigan attorney could advice best, but your question remains open for three weeks. It would be best to discuss this with an employment law attorney in Michigan, who would have insight into non-competes and state laws that govern them.

However, as a general observation of the way a legal...
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1 Answer | Asked in Employment Law and Identity Theft for Michigan on
Q: My question is, is this legal?

I just got a request for information from a job app. They sent me a fill-out request to my phone, asking for an image of; my Driver's Lic, back and front. My car, back and front pictures. Pictures of me personally. THEN, they want my physical home address. Normally I just put the street, they... View More

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2024

A Michigan attorney could advise best, but your question remains open for three weeks. Until you discuss the legality of the questions (many employers nationwide do request license and other forms of proof as part of their credentialing), an important issue would also be whether your insurance... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Michigan on
Q: I was told because they pay cash im a 1099 cash employee. Got fired for wanting to pay my taxes Longer question no spac

I had no contact with this business. I have proof of hiring through text. A voicemail from the owner. I have pictures of their pay sheet showing I was working there.

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answered on Oct 25, 2024

It sounds like you have a solid collection of evidence supporting your work history. Start by organizing all your documentation, including texts, voicemails, and pay sheets. This will be crucial when presenting your case to the appropriate authorities.

Next, consider reaching out to the IRS...
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1 Answer | Asked in Employment Law for Michigan on
Q: Okay I'm in the union I injured myself the week before they suspended me now they're just fired
Brent T. Geers
Brent T. Geers
answered on Oct 8, 2024

You'll need to touch base with your union about what exactly being "in the union" can or will do for you. I can only assume that your employer would have made the union aware of your suspension and subsequent firing.

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