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Michigan Employment Law Questions & Answers
1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Michigan on
Q: Do plan administrators of flexible spending accounts have a fiduciary duty to provide advance notice of forfeitures?

If unclaimed funds remain in an FSA as the use-it-or-lose-it deadline for claim submission approaches, would a plan administrator’s failure to provide timely warning of imminent forfeiture constitute fiduciary negligence?

James L. Arrasmith
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answered on Apr 17, 2024

The question of whether flexible spending account (FSA) plan administrators have a fiduciary duty to provide advance notice to participants about potential forfeitures of unused funds is a complex one that doesn't have a definitive answer. Here are a few key considerations:

Fiduciary...
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1 Answer | Asked in Social Security, Employment Law and Public Benefits for Michigan on
Q: I have questions about working on social sercurty

I started working and I am geting all kinds of wrong info, am i allowed to work on full disabilty,and at what point will that stop me from getting it

James L. Arrasmith
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answered on Apr 13, 2024

If you are receiving Social Security Disability Insurance (SSDI) benefits, you are allowed to work, but there are certain rules and limitations you need to be aware of to maintain your eligibility:

1. Trial Work Period (TWP): You can test your ability to work for at least nine months....
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0 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Alro is still not paying for Alro time. What should I do?

I am a current employee for Alro and just heard about this lawsuit they had for not paying hourly employees for punch time. Alro is still doing this, at least at my branch. What should I do?

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

0 Answers | Asked in Employment Law, Workers' Compensation and Business Law for Michigan on
Q: Am I entitled to bonus earned and not paid out before putting in my two weeks and leaving the company?

Our company is 3 months behind in bonus pay. They pay our bonus based on performance and achieving goal numbers. If these goal numbers were achieved in previous months that I was employed am I entitled to this pay? There is no policy stating that I must be an active employee when bonus is paid out... View More

0 Answers | Asked in Employment Law for Michigan on
Q: I've been told from my job I put my two weeks in and I didn't or haven't what should I do. They have removed me.

In the past year, I experienced involuntary departure from a position I deeply valued due to being excluded from the inner circle. Despite delivering exemplary performance and shouldering significant responsibilities, I found myself sidelined and neglected by corporate and management. Regrettably,... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

James L. Arrasmith
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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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0 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

0 Answers | Asked in Employment Law and Education Law for Michigan on
Q: Do I have the right to sue my high school's admin office for not providing an e-transcript? They are not responding.

The bg checks (2) have failed at confirmation of HS diploma/transcript. I opened my own request and have 30 days to get a copy or I will lose my job. So far it's been 7 days since my request was opened, I have called them and can only get VM with no call back.

If I lose my new job bc... View More

1 Answer | Asked in Employment Law for Michigan on
Q: So I was let go from a Job at a bakery and then the next week I went there went into the safe and grabbed my tip money

there was no sign saying employees only and there was an employee watching me

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

What is your question? What you say you did is potentially a felony crime. When you were let go from the bakery, you had no legitimate business being in the employee areas, regardless if there was a sign indicating as such. Let alone go into a safe.

1 Answer | Asked in Criminal Law, Employment Law, Identity Theft and Internet Law for Michigan on
Q: MI- Previous boss impersonated me by taking and failing a Fair housing course. Can i press charges? Is this a crime?

In my last job, my boss took a online fair housing course compliance test for me without my knowledge or permission. My boss also failed this test, which I'm sure adds this to my employee record. The course was on Sexual assault which also just looks bad to fail. The company has not fired... View More

James L. Arrasmith
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answered on Mar 7, 2024

Based on the information you've provided, your former boss's actions could potentially constitute identity theft, fraud, and/or forgery. Impersonating someone else to take a course or test on their behalf without their consent is unethical and likely illegal.

Your options include:...
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1 Answer | Asked in Contracts, Employment Law, Personal Injury and Government Contracts for Michigan on
Q: I currently a pension beneficiary & I was trying to look into if it's possible for me to borrow against or receive lump

For context I am to receive this pension till death or marriage. Right now I get a month pay out.

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Michigan attorney could advise best, but your question remains open for four weeks. There isn't a category here for ERISA and pensions, but you could look into whether local or state bar associations could offer guidance on attorneys in your area who might handle such matters. Good luck

1 Answer | Asked in Employment Law for Michigan on
Q: My friend recently was forced to resign because they said either get terminated or resign.

The letter they gave them said they were considering termination because they used 5 of the sick days they gave them to use and that that they were late on multiple times. I understand being late can result in being fired but mostly everyone that works in that building comes in late every day. Not... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Consider some maxims here: 1) when you're in the doghouse, it's not the time to bark. 2) pointing out the splinter in someone else's eye does not remove your own.

Your friend is obviously on someone's radar in the wrong way. Why would he or she want to remain working...
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1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can an employer put things on your record if they allow you to quit instead of be terminated?
T. Augustus Claus
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answered on Dec 14, 2023

The nature of employment records varies, with internal records maintained by employers for performance and conduct purposes. Employers have legitimate reasons to document situations, such as performance issues or policy violations, even if an employee quits. However, unjustified negative entries on... View More

2 Answers | Asked in Employment Law for Michigan on
Q: I have a labor question about being late and not getting paid.

I work at a school and get paid biweekly. The past two months have been crazy trying to buy a house. I’ve been getting to work one to five minutes late throughout the months. I was talked to and was told for punishment I get a whole days work docked off my pay. I was given the times I came in and... View More

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

I understand the punishment seems beyond the crime here. But keep in mind that if you work in a school, it's not just you and your time that factors into things: if you are a teacher, or otherwise worked singularly and directly with students, someone else may have had to step in on your... View More

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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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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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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

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