Lawyers, Answer Questions  & Get Points Log In
Michigan Employment Law Questions & Answers
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...
View More

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

View More Answers

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.

View More Answers

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...
View More

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

View More Answers

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.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Is asking for 5, 6 hr days instead of 5, 8 hr days a reasonable accommodation for a disabled person who suffers from

Diseases that make it difficult to stand,walk, and bend and is a cashier?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You should contact a Michigan employment attorney to discuss further, because these questions are highly dependent on the specific facts of your situation and the job duties you're required to perform. Your accommodation request may or may not be considered reasonable under the Americans with... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Can my job ask for a letter from my doctor that he is treating me for anxiety to get my job back?

I had resigned from my job and was trying to go back all week was told Thursday that I couldn't and then Friday got a call but I have to have a letter from my doctor saying I am being treated for anxiety.

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

Not sure if it will help. If you resigned, it seems your employer acted appropriately in assuming you would not be back.

1 Answer | Asked in Employment Law for Michigan on
Q: My employer askes me to start early to get my work station set up and be ready for the day. I don't get paid for that
Brent T. Geers
Brent T. Geers
answered on Jan 10, 2023

Ways to resolve: 1) speak to your employer about this concern, letting them know how long it would take you to be ready for the day. 2) Failing that, consider whether an extra 10 minutes a day is worth losing out on a job.

I think you have a legitimate concern, don't get me wrong. I...
View More

1 Answer | Asked in Employment Law for Michigan on
Q: I was fired for a random drug test and denied my unemployment.? My result was giving to me two week after testing

What are my options

Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

Probably limited. Even if you can prove the test was wrong (you'd have to get your own independent test), there's nothing to make them hire you again. You may want to pursue an appeal to the UIA to see what they say.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
View More

View More Answers

1 Answer | Asked in Employment Law for Michigan on
Q: If I have been working a job for three months, but have never signed my offer letter.

Am I entitled to ask for the pay rate that was over the phone but is not my current pay rate.

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2022

Unlikely. By you working for three months at your current pay rate, you've accepted that.

1 Answer | Asked in Employment Law for Michigan on
Q: Is it refusal of work if I wasn’t offered a specific job, pay, hours etc.

I was a temp in 2020 and I lost my job due to a COVID related hiring freeze. My Temp agency called wanting me to come in and see what other jobs were available. I told them I would be applying outside of a temp agency. I soon ended up on unemployment. Now In 2022 unemployment wants their money back... View More

Brent T. Geers
Brent T. Geers
answered on Oct 12, 2022

You need to find an unemployment attorney. Not sure if you have much of an argument if the temp agency wanted you to come in to see what jobs are available, and you told them no.

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Michigan on
Q: Can a person with a 24 year old Felony work in a store, Walmart, that sells guns??

I am in Michigan and was convicted of a felony in 1998. Great bodily harm less than murder. I know that it is up to the individual companies, but wondering if there is any law, state or federal , that would prevent me from working there.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Working there? I don't think so. Probably not in the gun section. You should look into, at the very least, restoring your gun rights, though.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.