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Michigan Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can an employer tell their employees to not be a reference for another employee?

My employer has told me that she doesn't want me to be a reference for an employee that is currently working out their two week notice. Is that something she can legally request?

0 Answers | Asked in Employment Law for Michigan on
Q: I have yet to receive my paycheck and it's been a week past the expected date. Is there something I can do?

My coworkers have been paid. I am the only one that hasn't. It's the first paycheck and it's supposed to be coming in the mail. I have reached out to the management and have been made to wait.

0 Answers | Asked in Employment Law and Workers' Compensation for Michigan on
Q: As a subcon, Can a client deduct from a paycheck to cover "payroll processing fees, workman's comp, checks, stamps" ect?

I'm a subcontractor and a client is claiming that they are deducting from my paycheck hundreds of dollars to cover the costs of "payroll, workers comp, checks, envelope, stamps". Is this even legal?

1 Answer | Asked in Employment Law for Michigan on
Q: After telling me the working hours for a job I said sure I can work them but I have religious observation one Saturday a

Month, she then told me I would not be a good fit around here and then she ended the call.

This is religious discrimination right?

Brent T. Geers
Brent T. Geers
answered on May 30, 2022

Unlikely. From your question, it sounds like you were still in the interview stage. You offered - they didn't ask - a reason why you couldn't work the hours they wanted you to work. Their reason for not hiring you may be entirely due to your unavailability for the hours they need you,... Read more »

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does a job need parental consent in order for a minor to be employed?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 24, 2022

It's probably not entirely helpful to send you to read a statute, but there is a pretty helpful website from the State of Michigan that discusses the boundaries of the Youth Employment Standards Act (YESA). It doesn't appear as though a minor 16 years or older requires a parent's... Read more »

2 Answers | Asked in Employment Law for Michigan on
Q: Our handbook states need of 2wk notice to quit to get paid PTO. My employee gave 8 days notice in MI. She says I owe her

She told our Manager and asked her not to tell us because the employee said she’d tell us. When she told me over the phone, after working together for the whole week, it was 8 days notice. I feel since our employee handbook states 2 weeks required to get paid out PTO, I’m being just. She’s... Read more »

Brent T. Geers
Brent T. Geers
answered on May 23, 2022

You may be justified in your stance, but is it worth it to the company to defend against a court action.

Here's a thought: how about deducting the daily value of the PTO for each day short of 2 weeks notice and see if she'll agree with that?

You really should make this...
Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: What are the legal consequences for an employee who houses a patient in their home that they are not related to?

I recently found out that an employee who works in a health center (located within a high school) currently has a student living in their home. There is not blood relation to the student and no legal documentation indicating the employee has guardianship or can care for the student. The student is... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

My first question is what does this have to do with you? If you are not the employee in question, or that person's employer, or this now adult, I'm not seeing a question. It's possible the employee has (had) a power of attorney signed by the student's parents. Of course now that... Read more »

1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
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Michael Ray Smith
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I believe I was retaliated against by my employer
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

How? And?

1 Answer | Asked in Employment Law for Michigan on
Q: I spent 40 hours of online training before working at my job. My pay is $16/hr but I only earned $90 for the training.
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

What is your question? Were you notified about that money and agreed as a condition to start employment?

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: I can't schedule an interview with EEOC they are booked for months. What can I do?
Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

I assume you filed a complaint? Not much you can do except wait.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me see their dr for ada covered disability, if my primary has already provided documentation?

Hi. I have been working remotely for over 2 years and found it helps with some of my ada disabilities (asthma, adhd, and anxiety) which allows me to preform my job better. When they stated we will have to go back into the office; I identified these disabilities to my employer and make a verbal... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

Yes. Your doctor may be able or willing to offer a contrary opinion. Then the issue becomes which doctor is right.

1 Answer | Asked in Employment Law and Sexual Harassment for Michigan on
Q: So unemployment finally got back to me after a yr of waiting and and wants to throw my whole case as voluntary quit.

When It wasn't how do I go about this ?

Brent T. Geers
Brent T. Geers
answered on Mar 27, 2022

You can appeal. Seek counsel of an attorney familiar with the unemployment administrative hearing system.

2 Answers | Asked in Employment Law for Michigan on
Q: I was unfairly demoted due to false documentation presented by my supervisor. this has affected my pay. Is this a case?

It was proven the documentation was false because I held a meeting to see what was in my personal file and it was proven that she lied about the the amount of documentation she said she had.

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2022

How can you prove the documentation is false? Even if you can show a material fact is wrong, there is probably still policy provisions that your supervisor's opinion matters.

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1 Answer | Asked in Employment Law for Michigan on
Q: Is forcing waitresses to pool tips with the owner illegal
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 14, 2022

That is a tough answer to pin-point without a more exact question.

Michigan defaults to the FLSA, and the section 3(m) changes promulgated in the Consolidated Appropriations Act of 2018 (CAA). This regulation was finalized fairly recently, while I can't know exactly what you're...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: My former employer only pays using direct deposit and paycard but I can't access their online system anymore.

I signed up for direct deposit when I first started but it didn't work. Now I no longer have access to their online HR system so I cannot sign up for their paycard, either. They don't issue paper checks and don't accept paper forms or phone calls regarding payroll issues. What can I... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 23, 2022

Let them know the situation, and ask for a paper check. If that fails it is conceivable you could file with wage and hour division in Michigan.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Michigan on
Q: I work for F.O.E. in Michigan. The Trustees are constantly making sexual comments and actions while I'm working.

My hours have been cut since I don't respond to their advances. There is no HR Dept. I'm unsure what to do about it..besides job hunting. Who can help me?

Brent T. Geers
Brent T. Geers
answered on Feb 18, 2022

You're in a tough spot. Is there a state-level office you could contact? You might want to start there.

1 Answer | Asked in Employment Law for Michigan on
Q: Can an employer force a sit down meeting with a colleague that harassed you?

I reported harassment by a colleague last fall. Colleague received a scolding. We continue working in same building with little to no contact. Now my supervisor is requiring a sit down meeting with said colleague.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 15, 2022

I would think about this pragmatically. If you refuse, will you lose your job? Maybe. Would that be lawful? Maybe not. It might depend on the type of harassment and degree. It might depend on your employer's role in the matter.

You'll need to call a few attorneys and discuss the...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can you sue a company for not hiring you after they made you get the vacine to work

My fiance went to work for a place and did the interveiw. It went good and they wanted to do oriantation but needed her to get the covid vaccine. While she was in the process of getting the vacine the hr lady that was hiring her got fired. Since then weve been trying to contact them for a week. I... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2022

Doubtful. No one "made" your fiance get the vaccine. She got as a condition to secure a job, and could have refused the vaccine and the job offer.

The bigger issue is whether it's actionable that she was told she was being hired, and then found out otherwise. That may be...
Read more »

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