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Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: My company has decided that people who have worked there for 20 years should make the same wage as someone who was

Hired yesterday. Many of us had our pay lowered. Is this legal?

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Likely yes. You may want to consult with an employee side labor law attorney, or a union representative if one is available to you. But generally, absent a contract, employment is at will and subject to you willing to work for the wage an employer is offering at the time.

1 Answer | Asked in Employment Law for Michigan on
Q: I was offered a job from a financial institution and was denied because of my background check

I was given the job and i accepted the offer. When they did the backround check I had a misdemeanor I didn't know about from 10 years ago when I was 17. they took back the offer and said I couldn't have the job.

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

What is the question? This is not an uncommon scenario. Unfortunately, the bank can do that.

1 Answer | Asked in Employment Law for Michigan on
Q: I work at a child care facility in Michigan, can they enforce an anti fraternization document regarding parents of kids?

The document says we can’t (as teachers) hang out with parents of kids at the school, be friends on Facebook with them, etc. is this even ethical? Legal?

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

As a condition of employment, yes it's legal. Whether it's ethical, right, or just is a matter of opinion. The alternate, of course, is to convince the facility to change that policy or seek employment elsewhere.

1 Answer | Asked in Criminal Law, Employment Law, Health Care Law and Nursing Home Abuse for Michigan on
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.

My CNA license may or may not be revoked.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Manager chooses when to enforce company policy to prevent termination for some yet I was terminated.

Manager has edited and continues to edit punch times or adjusts schedules so that employees do not accrue points that would lead to termination. (According to company policy, x points = termination.) Manager admits to my former coworker that she has done this for other employees under certain... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

You should talk with a local employee-side labor attorney. You might have a case, particularly if a pattern of misapplication of policy or the points system can be shown.

You could try contacting HR, although I would suggest waiting to do so until after you've had a chance to consult with...
Read more »

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Domestic Violence for Michigan on
Q: Can I sue my job for the incident that happened today?

Today at work, I work at Spectrum Juvenile Justice Services and a resident threw urine on me. The resident had already been acting out throughout the week and the punishment for that is he couldn’t come out his room. So during the day someone had to sit at his door to monitor him. That’s what I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You can't sue your job for that. Unfortunately Mental Health workers face assault and abuse but there is little that can be done. If you have a union speak with them.

1 Answer | Asked in Small Claims and Employment Law for Michigan on
Q: Is it fraud or mistake

How does the law fall under if I caught my company clocking me out and I was still working. I caught them on a few times and not paying me on my full commission pay. They said it was a mistake. But the manager seen me working still and was the one that clocked me out.. I was fired and then its when... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 16, 2019

Your question involves elements of employment law, so you'd need to pose it to an employment attorney for the most meaningful direction. But it remains open for four weeks. In general terms, regardless of the area of law, fraud or mistake can be distinguished from one another by the state of mind... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Is my employer allowed to implement new policies that were not established before I was hired in?

If I was not required to submit to a pre-employment drug screen and never signed anything stating that I would. Am I required to submit to random drug testing once my employer newly adds this policy?

Brent T. Geers
Brent T. Geers answered on Apr 17, 2019

Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for Michigan on
Q: I have had revoked overtime due to having FMLA - This is discrimination?

We work for Customer Service that works for a larger corporation. I was provided overtime by the company that hired me, however, the company we provide Customer Service for directed my company to revoke my overtime because I am unreliable due to having FMLA and they can't take the chance that my... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 12, 2019

Your situation would require consultation with an experienced employee-side employment law attorney. Very generally, you are not entitled to overtime, and so your company not giving you more overtime may not mean much.

1 Answer | Asked in Employment Law for Michigan on
Q: Can h.r skip steps in their Attendance disciplinary policy
Brent T. Geers
Brent T. Geers answered on Dec 8, 2018

Failure to adhere to a written policy may provide you some defense, but absent some exceptions, Michigan is an "at will" employment state.

2 Answers | Asked in Employment Law and Admiralty / Maritime for Michigan on
Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles

Restriction is due to type 1 diabetes. Cruise line states no voyages within 200 miles although their marketing states otherwise. Is this employment discrimination? How can I find more information on maritime laws, definitions

Brent T. Geers
Brent T. Geers answered on Nov 12, 2018

Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer reverse a direct deposit from my account without my authorization
Trent Harris
Trent Harris answered on Oct 24, 2018

No, your employer would need authorization to take funds out of your bank account. See MCL 408.477. You will want to make sure that when you signed your pre-employment paperwork or post-hire paperwork that you did not sign an authorization that allowed the employer to reverse a direct deposit... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does the Equal Pay Act protect someone after their employment has been terminated?

I (a woman) was fired from a short-term position with an organization due to “merging departments” and my replacement (a man) was hired at a higher pay rate than me (by $800/month) despite having the same responsibilities and less experience than I had when I held the position. Do I have a case... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2018

You should really discuss this matter with a local employment law attorney. The facts in your case are such where you might have a case.

1 Answer | Asked in Employment Law for Michigan on
Q: I was offered a job on the premise it was a full time permanent position.A week after I was working there, I was told no

I was offered a job on the premise it was a full time permanent position. A week after I was working there, I was told that I am not a permanent employee but a contractor. I am being paid an hourly wage, work at their offices, using their equipment and told what work to do and when it has to be... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2018

It sounds like you are saying you were hired with the understanding you would be a full-time employee, but once hired they are only giving you part-time work. The term “contractor” means the tax status of your work (i.e. whether you are paid on a W-2 with withholdings held back from your... Read more »

1 Answer | Asked in Employment Law, Business Law, Intellectual Property and Internet Law for Michigan on
Q: ex-employer shared files with me on my personal file sharing/ email account 15 months after I was fired. do I hv 2 gv b?

I was working for a pharmaceutical wholesale distributor in mi. I had a 1 year non compete agreement. I was fired 8-17-2017 and my non compete ended 8-17-2018. Two months after the non compete ended, I noticed that the owner of the company was sharing files with me via onedrive (a file sharing... Read more »

Trent Harris
Trent Harris answered on Oct 7, 2018

Although your noncompete has ended, it is likely that any confidentiality agreement that you had with the company, whether in writing or in a employee manual, still applies after termination of your employment. The information that you mentioned is recognized by Michigan law as trade secrets, and... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I am a home health aide. My employer disclosed my medical information to a client I work with is that legal?
Trent Harris
Trent Harris answered on Sep 17, 2018

Generally, an employer cannot disclose an employee's confidential medical information to a third party, unless it has the employee's permission or the disclosure is for a legitimate business interest of the employer. Some legitimate business interests, are, for example, for the employer to obtain... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my company suspend me based on allegations of another employee concerning there personal property
Trent Harris
Trent Harris answered on Sep 17, 2018

Generally, yes. An employer is allowed to discipline employees for misconduct in the workplace. If your employer has a disciplinary policy spelled out in an employee handbook or other written document, the employer would need to follow the written policy. Assuming your employer did follow its... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Law and Workers' Compensation for Michigan on
Q: Is the severance offer fair and should I sign it under the circumstances of my release after 12 yrs employment.

It is not in line with another employees that I asked confidentially. They received one week for every year of service. I was only offered 4 for 12 years. There are many circumstances leading up to the company saying they accepted a resignation, I never gave and I repeatedly told them that.... Read more »

Marlo Bruch
Marlo Bruch answered on Aug 27, 2018

I recommend that you contact an employment attorney in your area to go over the agreement before you sign. This forum is too general to give an appropriate response.

1 Answer | Asked in Employment Law for Michigan on
Q: Recourse for Failure to Notify of Non-Renewal of Contract/Past Practices Question - Union CBA

My wife is currently in a union contract dispute with her employer, a local college. The complaint is that the union CBA that my wife is covered under states that if the college is not going to renew an employee's contract they must be notified in writing with an explanation by March 1st. My wife... Read more »

Marlo Bruch
Marlo Bruch answered on Jul 13, 2018

I recommend that your wife bring all of her employment documents, CBA and contracts to a local employment law attorney to review who also handles education law. Without seeing the actual language, it is difficult to make a recommendation.

1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer hold my Pay check pending an invitation. It's been 3 weeks no letter no call no check.

I was suspended then fired didn't know why until my pay check didn't post that following week. Then I was told that they're holding my last check pending an invitation and the cops would contact me. I asked for the detective on this case phone number they were very rude about i and didn't give me... Read more »

Marlo Bruch
Marlo Bruch answered on Jul 2, 2018

It is unclear what the investigation is about. I recommend you contact the Michigan Office of Wage and Hour to file a complaint for the unpaid monies and contact an employment attorney in your area for the same.

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