Lawyers, Answer Questions  & Get Points Log In
Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: I want to quit my job. My mental health is so bad and the job is so toxic.

I'm wondering what my rights are as a part-time cashier, and I'm wondering how FMLA works. I'm also wondering if I can get disability due to depression and what I would have to do if I can.

Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Additional information about your situation is necessary to analyze whether you would have a legal claim, whether you are entitled to take FMLA leave, or whether you would be entitled to disability benefits. If you have worked for your employer for at least 12 months, during which time you have... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal to pay someone more than you make although they got hired after you and they do a less job?

I got hired as a massage therapist at a massage spa 8 years ago. I got paid $ 16 an hr and made my way to the top through hard work. and now I'm a lead therapist making $23.50 an hr. Today I found out one of the therapists they hired 6 months ago is making $24 an hr..< as a lead therapist... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 4, 2020

While your situation certainly sounds unfair, federal law only requires that employees be paid at least minimum wage for each hour worked. However, if your employer has a discriminatory motive for paying you less than other employees (i.e. if you are paid less based on your race, sex, age,... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I can do every aspect of my job remotely but my employer will not allow it. Is this legal under the new Michigan order?

Under the new Michigan order it states that all work that can be done remotely must be done remotely. We worked from home from March to June but now my employer won’t allow it because the owner was upset we were working from home in the first place. What can I do?

Brent T. Geers
Brent T. Geers answered on Jul 31, 2020

It's the employer who decides what work can be done from home. It sounds like the owner does not agree that your work can be done from home. You can try to convince them otherwise, but ultimately you may need to make a decision regarding your health and particular situation.

1 Answer | Asked in Employment Law for Michigan on
Q: I work for a property management company (apartments) they do a lot of shady stuff that is illegal and dangerous

dangerous for the residents i have made them aware multiple times they really dont care.Is there any way i can cash in by letting them know im going to rat them out or is that extortion is there any way to profit from these slumlords both the management company and the owners know about these... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 9, 2020

You would likely have no recourse to sue them since you don't have standing for damages as a tenant might. So if your only recourse is likely to report their actions or negligence to the city, and let the city take appropriate action. And of course, you could expect not to work for them for... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... Read more »

Jeff Herron
Jeff Herron answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I underwent sexual harrasment at my work place for two weeks, I then texted my boss saying I needed to quit, planning on

Putting my two weeks notice in, the next morning when I showed up to see about the paperwork for such a thing, my assistant manager yelled at me to leave the store because I had quit, even though I hadn't filed the paperwork yet, punched me and physically threw me out of the back door of my... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Sounds like there is a lot going on here and more facts are needed to fully evaluate your claim. If the sexual harassment was so severe or pervasive that it affected your ability to perform your job, you may have been subjected to a hostile work environment. I would recommend reaching out to an... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer terminate me for following the stay at home executive order (MI)?

I work in Wayne County, MI; one of the hardest hit counties in Michigan with COVID-19, back in March my Manager and all my co-workers took a leave of absense do to the Pandemic. My stores a retail store and deemed a non essential business. My main manager said that the companies owner has let me go... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

You will need to appeal the UIA's decision. What likely happened is that your employer reported to UIA that you were fired for misconduct or something like that, which would make you ineligible for unemployment. That agency can appoint a representative for you if you wish or you can retain an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer furlough me due to being high risk during the COVID-19 pandemic in Michigan?

My employer said they are going to furlough all parttime employees and 1 full-time employee. They asked for volunteers. Another employee, with less seniority, volunteered. Then my employer told me that because of a previous medical condition I need a note from my doctor stating I am not a... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 12, 2020

While your employer can prevent you from coming to work if you've been diagnosed with COVID-19, it cannot treat you differently or require any further documentation from you based on any medical condition that could put you at greater risk for COVID-19. If your employer furloughs you instead... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: My employer told unemployment I quit but I have 2 text messages that say if I dont show up I'm fired. Should I protest

One text is from my gm said if you dont show up today your done. The 2nd is from my shift manager and says brad said if you didnt show up for your shift your fired. The company then told unemployment I voluntarily quit. I dont know if I should protest the finding if they deny my unemployment. I... Read more »

Brent T. Geers
Brent T. Geers answered on May 12, 2020

I'm not sure what benefit you would gain. If you didn't voluntarily quit (by willingly not showing up), then you were fired for misconduct. And you have nothing to protest unless you are denied unemployment.

1 Answer | Asked in Employment Law for Michigan on
Q: What can I do?

I was temporarily laid off from work in September of last year because of the GM strike and I was injured October 26th while on layoff, my company did not change my employment status to medical leave, I applied for short term disability benefits through my employer and it was approved. But recently... Read more »

Brent T. Geers
Brent T. Geers answered on May 7, 2020

You would need to get your employer to change your status and accurately report it to the insurance company. Short of that, you may be left responsible for the overpayment.

1 Answer | Asked in Employment Law for Michigan on
Q: Currently on unemployment, Granted LOA from employer, for spouse health issues. Company wants me on FMLA.

My wife has severe asthma issues,and severe rheumatoid arthritis. I took the LOA because of covid 19,contracting and bringing it home is a major worry. Im a truck driver that travels to Illinois,indiana and thus come into contact with people from other states where our truck terminals are located.... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2020

Great question! FMLA could preserve your job longterm. However, you would not also be entitled to unemployment. Your compensation would come in the form of any sick time or other benefits your company offers.

What some people do not realize with the enhanced unemployment compensation is...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can I be forced to leave my restaurant job because I refuse to wear a facemask? I am claustrophobic.
Brent T. Geers
Brent T. Geers answered on May 4, 2020

Do you have a medical diagnosis? Even if so, it's likely they can prohibit you from working or reassign you to other duties.

1 Answer | Asked in Employment Law for Michigan on
Q: Do I have to return to work if state has stay at home order? In Michigan
Brent T. Geers
Brent T. Geers answered on May 1, 2020

Yes. If your employer is lawfully open, and you want to remain employed with them, then your option comes down to staying at home and find a new job, or go to work. Whether the employer is complying with health and safety mandates is a whole separate issue.

1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: I was paid under the table with cash. No 1099 was given and was denied being put on the books several times.

All i wanted was to get medical insurance and to do the right thing. Now, im lost and out of answers.

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 29, 2020

Not receiving a 1099 does not stop you from reporting your income. You're still required to report it and pay tax. File a return for the income and then wait until your state's healthcare marketplace has open enrollment. Fill out the application for the premium tax credit and get a... Read more »

1 Answer | Asked in Employment Law and Social Security for Michigan on
Q: My employer paid me cash for 10 years. I filed for social security but having issues because of the cash payments.

What if anything can i do about this?

Brent T. Geers
Brent T. Geers answered on Apr 29, 2020

You are in a tough jam. Were you an independent contractor or just paid under the table? Depending on your answer to that, this may be a significant tax issue for you and your employer. You likely had an obligation to report your payments as income on your taxes, which would have subjected you to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer give more sick/personal time to "high risk" employees during the COVID pandemic?

I work for a large corporation that is considered essential through the pandemic shut downs. The company generously gave all employees an additional 80 hours of sick/personal time to cover any time off wanted or needed during the pandemic. If not used, the employee will be paid for those hours. It... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 29, 2020

Since your employer is a large corporation (500+ employees) and is considered an essential business, they are not legally required to offer any paid leave during this ongoing pandemic. Since there are no minimum standards here regarding how much paid leave employees are entitled to, your employer... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can i sue my current employer for low wages?
Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

If you are receiving at least the state minimum wage or whatever wage you're contracted to receive, what would be the claim? If you're saying you are not receiving the amount you are otherwise entitled to, you can file a complaint with the state's department of labor for investigation.

1 Answer | Asked in Employment Law for Michigan on
Q: My employer is implementing a plan to make all employees scan their temperature before they can work. Is this legal??

This seems like harassment to me to make people scan their temperature before they can work. If they are determined to have a fever they will be sent home. When they send people home they are making them stay gone for 7 business days before they can return to work and I'm not sure where they... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 23, 2020

It is legal, and you'll likely see more of it in the coming months.

1 Answer | Asked in Employment Law for Michigan on
Q: I have been asked as a current employee to sign an NDA.

I recently was given a promotion/raise, but the NDA was not included at the time. I have seen that additional consideration is required for an NDA to be enforceable when a current employee is asked to sign one. I would like to know if that is correct.

Brent T. Geers
Brent T. Geers answered on Apr 20, 2020

Generally yes, but that additional consideration could be your raise / promotion.

1 Answer | Asked in Employment Law for Michigan on
Q: Where can I get legal aid with correcting a denial of unemployment benefits?
Brent T. Geers
Brent T. Geers answered on Apr 12, 2020

The Unemployment agency provides counsel for administrative hearings. I would contact them and ask for an advocate.

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.