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Michigan Employment Law Questions & Answers
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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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

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

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