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Michigan Employment Law Questions & Answers
0 Answers | Asked in Business Law and Employment Law for Michigan on
Q: My daughters husband started a side business doing small landscaping jobs. He works for a large company who does big

Commercial jobs and some residential services me of which they reject because there are curtain things they won’t do. Is it legal for them to ask him to sign a paper saying he won’t do the side business anymore or be fired?

0 Answers | Asked in Employment Law for Michigan on
Q: I was terminated while on leave by my doctor. Is this legal?

I was off on short term disability and close to the end my doctor extended it. My employer demanded my return to work or termination. Since I had appointments on the day they wanted me to return I gave them that information and they terminated me. To be clear, my doctor had me out until October and... View More

2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 17, 2023

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

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0 Answers | Asked in Employment Law for Michigan on
Q: Is my job required to honor my doctors note for the 4 weeks no work after they didn’t honor the 1st work accommodation?

5 weeks back my job was given a letter from the doctor that I was supposed to be no lifting and 50% of the day sitting. I was told when I gave the letter that ….”you know that we are short staffed right now, so we will do the best to accommodate you…you need to go back and work in the POD”.... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Can an employer cut your pay rate for not putting in a 2 week notice

Michigan, McDonald's franchise, I'm paid hourly getting about 20hr a week. The company has every one sign that they understand they will do wages for quitting without notice.

T. Augustus Claus
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answered on Sep 14, 2023

In Michigan, your employer generally cannot unilaterally cut your pay rate for not giving a two-week notice, especially for hours you've already worked. Pay rates are typically determined when you're hired or through negotiations, and reductions usually require prior written agreement.... View More

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0 Answers | Asked in Employment Law for Michigan on
Q: I work at mcdonalds. I have tons of Grease burns on my hands and arms. I am 17 years old. Can I file a lawsuit?

I was improperly trained and that is why I got the burns

0 Answers | Asked in Civil Rights and Employment Law for Michigan on
Q: Can an employer retaliate against you after filing a complaint with the Michigan department of civil rights?

Can an employer retaliate against you after requesting your employment file?

1 Answer | Asked in Employment Law and Personal Injury for Michigan on
Q: Can I bring a lawsuit against a former employer who pays under the table ?

He also had me work for rent for 5 years and never gave me any rent paid receipts. We had a dispute about him not giving me proof of income nor rent paid receipts and he forced my family onto the street with no hope of securing housing without the proofs I need.

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2023

You have a possible wage and labor issue and a landlord tenant issue. The problem for you might be that you were okay with this arrangement - for five years - until you weren't.

1 Answer | Asked in Employment Law and Civil Rights for Michigan on
Q: Can I get fired from my job for my spouse yelling at an employee?

In MI. I’m a manager. My significant other felt disrespected by an employee at my job. She looked through a window to say hi to another employee and saw him staring at her. She asked if there was a problem then he made shooing gestures. When I came outside she had her arms open yelling for him... View More

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Potentially. Understand that an employer doesn't need to prove anything to fire you. They could take the position that your boyfriend had no other business being there but for you, and as a manager, you're held to a higher standard. Will they do it depends on a whole host of variables. It... View More

1 Answer | Asked in Employment Law for Michigan on
Q: I was late for a shift by 1-2 minutes. It was my first tardy. As a result, I was sent home without pay. Is this legal?

I am employed through a 3rd party/contract house. We are asked to arrive 15 minutes ahead of shift. and I typically show up to work 30 minutes early or more and have never been late in my 9 months at the job. I called/texted two supervisors to let them know there were extenuating, verifiable... View More

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2023

Absent a contract, you are generally considered in Michigan to be an "at-will" employee, meaning you or your employer may sever the relationship at any time for any reason. Put simply, you are not entitled to work, making this employer's actions quite likely legal if not a bit... View More

1 Answer | Asked in Employment Law for Michigan on
Q: My past employer has reported false information to my current employers that keeps me from getting jobs.

At my previous place of employment, a rumor was started about me. I was encouraged to talk about it with the employees at my job. People then began to ignore me and isolate me. This severely damaged my mental health and was documented with my therapist. I moved to a new location m to get a fresh... View More

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2023

Your question needs clarity that probably should be left to an offline consultation with an employee-side employment lawyer.

What is the rumor? If you are in the same geographic area, how can you be sure it was an employer and not employees spreading the rumor? You got a new job, which...
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1 Answer | Asked in Employment Law for Michigan on
Q: I interviewed for a job in may/ June 2002. One of the benefits offered was lifetime healthcare for myself and my wife.

I took the job in part because of this. On July 1st that year the policy changed and wives were no longer covered. Should my employer honor the original information I had. I do not have an offer letter to prove I was told of this benefit.

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2023

Unlikely, for several reasons. When did you actually begin employment? We're talking something that happened over 20 years ago, so even with some sort of bargained-for exchange, you've arguably waived or ratified by your continued employment.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can a employer decline a job offer if they run a background check and see an arrest but no charge
John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Using a job applicant's criminal background as a method for screening job candidates is problematic unless there is a specific law or legal regulation that disqualifies a person based upon specific criminal conduct. In many instances, prophylactic use of arrest and conviction records can be a... View More

2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

In short, yes. PTO and FMLA are not mutually exclusive. FMLA covers longer terms of leave for which you are ensured 1) your job upon your return, and 2) continued health insurance coverage. In relevant part, FMLA means you can't be fired or lose insurance coverage for protected periods of... View More

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2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Sexual Harassment for Michigan on
Q: worplace sexual harassment, intimidation, discrimination, workplace injury

I am currently still employed at a place where I had to endure sexual harassment, intimidation, discrimination and workplace injury to which they seemingly on purpose filled out paperwork to cause workmans comp to be denied and cause as much disarray as possible. I don't know if I should quit... View More

Dana B. Carron
Dana B. Carron
answered on May 19, 2023

Do you have a workers comp attorney? Ask him or get one. I can set you up with one of the best in Michigan if you still need help.

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1 Answer | Asked in Employment Law for Michigan on
Q: Hey my mom passed away a month ago and before she was sick she worked at a factory for like 7+ years but when

My aunt one of her beneficiaries try to collect her 401(k), but they keep telling her that my mother didn’t work there that they have no record of her but I remember her working at this facility because we used to come to her job with her to grab paperwork sometimes

Brent T. Geers
Brent T. Geers
answered on May 2, 2023

Do you have old tax returns or W-2s for her? That should tell you a lot. It's possible she worked at the physical location but for a different entity, like a temp agency or supplier.

1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer require me to use my PTO if I want to get paid when they decide to close shop?

I have two scenarios: 1) I work for an orthodontist office and sometimes they have conferences or go on vacation so we won’t have a doctor. The practice director or doctor will decide the practice will be closed. Sometimes all of us get the day off but other times just some of us and we aren’t... View More

Michael Zamzow
Michael Zamzow
answered on Apr 21, 2023

Maybe. But, it depends largely on whether or not you have a written contract with fixed employment terms within it.

It can be a little complicated (for the employer) when it comes to eligibility for health insurance, UIA, or other things, but generally, at will employees serve at the will...
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1 Answer | Asked in Business Law and Employment Law for Michigan on
Q: I am the Receptionist and Personal Assistant to the CEO of a clinic. The CEO assigned Closing notes to me

The CEO has told me to go into her login, correct the notes and then sign off of them electronically. These are patient notes. I discussed this with my former supervisor and she explained how this was illegal. I need advice as I’ve closed dozens if not hundreds of notes for her.

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2023

I think you need to address your concerns to your current CEO. Your CEO may be unaware that what she's asking you to do is unlawful, and will hopefully appreciate you bringing this to her attention. She may also know it is permissible and be able to explain to you why it is. Either way, your... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Can an employer refuse to pay for my medical bills if I have a seizure at work and they call an ambulance?

This was a few months ago but I wasn’t going to fight it cuz I assumed they were right but my ambulance bills are just piling up because I can’t afford them. They said they aren’t paying for it cuz it’s not a work related injury. The job is a restaurant that’s not a union (as far as I know)

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

Had the employer not called an ambulance it might be a wildly different situation and then you might have a cause of action against them. If it helps, imagine if you called an ambulance on behalf of someone, and they asked you to pay for it for simply making a phone call. That could serve as a... View More

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1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for the building owner at my work (not my boss) to audio record our conversations at work?

We rent half of a warehouse and they have security cameras but we didn't know they recorded audio. The building owner is mad because his employee quit and now works with us and has been recording our audio trying to get us in trouble with our boss. He emailed a video of us to my boss as... View More

Brent T. Geers
Brent T. Geers
answered on Mar 30, 2023

It certainly can create a negative environment. Whether it's unlawful is a different question, and to a large extent depends on what your company's lease says. Regardless, it sounds like your new colleague was wise to come on over.

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