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Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Is it legal for a company to pay me using two different checks for working at two stores, but under the same company?

So I work for A restaurant group that owns multiple stores but are all owned under one name. I recently worked at a store I normally don't work at to help out, and then finished out my week at my normal location. When I received my paycheck for that 1 week, I received a paycheck from the 1... Read more »

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

Interesting question that I think you would need to contact a labor attorney about. You may also want to reach out to the state's wage and labor board. I can see why you'd inquire. I think some of it comes down to how this restaurant group and corporate structure is actually arranged.

1 Answer | Asked in Employment Law and Health Care Law for Michigan on
Q: contract allows either party to terminate with 60 day notice, I have resigned but end date of 5/6/2022

Can employer terminate now that I have almost worked 60 days since resignation without having to pay my wages for 60 days since they are severing contract before my last day of work provided in resignation?

Carrie Dyer
Carrie Dyer answered on Jan 5, 2022

This depends on the language in your contract. You should contact an employment lawyer in your area to review the contract.

1 Answer | Asked in Employment Law for Michigan on
Q: My previous employer fired me as a no call no show when I tried to call off before going to the hospital for a week.

They have the ability to call this an improper call off but did not and would not resolve with me after I submitted my discharge papers.

Brent T. Geers
Brent T. Geers answered on Dec 23, 2021

Right, wrong, or indifferent, Michigan is mostly an "at will" employment state. You may leave, or your employer may let you go, at any time for almost any reason or no reason at all.

1 Answer | Asked in Employment Law for Michigan on
Q: What is the correct course of action if you believe an employer is treating their employees unethically or illegally?

There is an employer using contractors as employees and paying them in a way that they commonly work for less than minimum wage. The Employer uses constant threats of lawsuits to try and keep people from working outside of the company. The Employer has tried several times to pay people for work... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 20, 2021

Depends on who you are to this company. If you are an employee, the old military adage "do what your rank can handle" comes to mind. If you are outside the company, your options are more limited. But if you are in a position to stop doing business with this company, you could do so and... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for Michigan on
Q: Michigan UIA requesting money back after paying unemployment claim.

I filed for a PUA claim using the reason "independent contractor experienced a significant reduction in usual or customary services" as I did work for the local school.

When I went to re-certify earlier this year they asked for proof of 2019 income and I gave them my 1099.... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 14, 2021

Possibly. You'll need to read the notice you received closely to determine what steps are needed at this point. You may also wish to seek the assistance of an attorney.

1 Answer | Asked in Employment Law for Michigan on
Q: Can my job fire me if I injured myself on the job and sent home/seen doctor. No work for week got letter in mail fired

I was sent home from work because I injured myself on the job. I went to the doctors office. I torn my tendon in my hand. Doctor put me in hand stablizers told no work for a week. I called in everyday into work as I was suppose to but received a letter in the mail from work that they fired me for... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2021

Possible workers comp claim. Seek attorney for advice on that and take things from there.

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Products Liability for Michigan on
Q: Ok, my mom sold for Paparazzi Jewelry, under the guise of it being hypoallergenic, as well as nickle AND lead free;

She found out that it was a lie. They had nickle AND lead, and some have reported the lead is toxic. Now, I know MLMs are extremely hard to catch, but they tout these jewels, necklaces, bracelts, etc as LEAD AND NICKLE free to ALL consultants, AND customers. Is there ANYTHING my mom can do to sue... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Nov 29, 2021

This sounds like a breach-of-contract claim. The devil is in the details, and there are more details than I can list in this format. Who would be the defendant? Is there a written warranty by the seller regarding the merchandise? Where is the defendant? Is there jurisdiction here in Michigan?... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I gave four week's notice to my employer as I found a new role at another company, last day 12/15. My current employer

phoned by new employer and asked that they move my start date to 1/1 as my current employer wants me to continue working on a project. My new company is an offshoot of my current company, i.e. they are completely separate legal entities but because of the relationship many of the people know one... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 23, 2021

Is it legal? Depends on the outcome you are hoping for. They obviously can't make you continue working. Do you have a separation agreement?

In all honesty, with the relationship between the companies, why rock the boat?

1 Answer | Asked in Employment Law for Michigan on
Q: If a federal back ground check ask if you have been convinced of misappropriation is retail fraud considerd misappropria

Been employed 19 yrs now employer is mandating a federal background check. It ask if you ever been convinced of misappropriation or misappropriation of funds. If I have a retail fraud conviction 7-8 yrs ago do I need to disclose that in this part of the form? I would rather not mention it at all.

Brent T. Geers
Brent T. Geers answered on Nov 10, 2021

Misappropriate would must often mean embezzlement, not necessarily retail fraud.

2 Answers | Asked in Employment Law, Gov & Administrative Law and Public Benefits for Michigan on
Q: Got a notice from the State of Michigan Unemployment Department- please help!

I got a letter from the Michigan Unemployment Office saying a “question of eligibility and/or qualification has been raised on a claim in which you are an interested party”. The dates they want proof of income on range from 3/2020 all the way to 5/2021.

If I got unemployment benefits... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2021

You really need to speak to a lawyer soon, and preferably before you respond to the request for information. Whether criminal charges arise may depend on intent.

Just remember: there's an old tale that says it's not the act itself that gets us in trouble; it's often the...
Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: Can a former employer ask for money back? After they discovered they over paid me when I worked there.
Brent T. Geers
Brent T. Geers answered on Oct 21, 2021

Yes. And in fact you may have an obligation to pay it back if it was unearned.

1 Answer | Asked in Employment Law for Michigan on
Q: Hello I had a question

I had a lawsuit and won never met the lawyer and didn’t really know how much I was getting only what he told me,is there any way I can really find out

Brent T. Geers
Brent T. Geers answered on Sep 17, 2021

If you were represented by an attorney, you should contact that person's office for details. Typically what happens in a settlement is that the party making payment sends a check to the recipient's attorney, made out in both the attorney's and the recipient's name. That check is... Read more »

2 Answers | Asked in Business Law and Employment Law for Michigan on
Q: Can I work for a staffing agency internally and as an employee contracted out by the agency to a client?

I work for a staffing firm that does payroll/hr/admin contracting for a large client. I’m a corporate employee who manages the hr system for both the staffing agency and the client, in the past I managed payroll for both companies as well (the contracted agency employees and the direct client... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

As a practical matter, I'm not sure it's to either company's benefit for you to manager HR for the both of them. Payroll is another matter, which I don't think is much of an issue.

The arrangement is likely legal; "best practice"? probably not.

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2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Eva Zelson
Eva Zelson answered on Sep 17, 2021

It’s good that there is hard evidence in the case, rather than a case of he said she said. The first step is to document with the HR department at your company. Hopefully your employer will take steps to ensure that this does not happen again. If they do not, you will have a compilation of... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: can atty help me write constructive discharge letter to my employer?

employed as a gate keeper at gated condo in ST Clair Shores Mi a condo owner was drunk and tryed to ram me hood to hood fortunatell he came nose to nose he got out and laughed in my face previously my boss ron said Ishould watch my back so he knew he was dangerous

Brent T. Geers
Brent T. Geers answered on Sep 7, 2021

To what end would such a letter serve? If you wish to find a different job - which I wouldn't blame you if something like that happened - would they object to you receiving unemployment?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Michigan on
Q: travel employee, injured while not on site. what can i do.

traveling mechanic for BAE systems from kansas working in michigan. at some point in the last 9 months i developed a hernia and cannot point to any specific event that caused it. I am basically being told go home and handle it while unemployed. this sounds fishy to me and im looking for any other... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2021

A Michigan attorney could advise best, but your post remains open for five weeks. It's difficult for attorneys to reach out to you within the format of this Q & A forum. This doesn't operate like an attorney referral service. If you haven't already spoken with an attorney, you... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can a motion be filed for a labor relation suit under 25k be transferred to a court of competent jurisdiction?

The case is under 25k of the jurisdiction limit of the circuit court and I would like to know if it can be transferred instead of being dismissed?

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Seek an attorney. Civil law is not intuitive - there are a lot of rules and procedures you need to follow just like an attorney; you cannot succeed on merit alone. And it's not about being competent: lawyers spend years in school, and even longer in practice mastering all the rules and... Read more »

2 Answers | Asked in Employment Law for Michigan on
Q: Do I have any recourse against my employer for firing me for not getting the covid vaccine?

I have a medical condition that should be a contraindication to the vaccine; however, my employer disregards this and any other medical condition in their mandate of the vaccine. Should I resign or let them fire me? And do I have any recourse against them for it?

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

You are in relatively uncharted waters. You may have an interesting case. But your biggest concern now should be what you are going to do to make ends meet between now and whenever your case gets resolved, which could be years.

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1 Answer | Asked in Employment Law for Michigan on
Q: Can I sue for an employer neglecting my herrastment complaint?

Two coworkers were overheard conspiring to get me fired. I filed a complaint, and they told me to let it go.

Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

If your employer has not fired you, as your complaint alleges is the conspiracy, I'm unsure what damages are that you would be seeking from them. And what did you expect the company to do with your complaint? This is definitely a case of picking your battles. You filed a complaint, the... Read more »

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Employment Law for Michigan on
Q: I was injured at Ford Motor Co in Feb, 2017. Completed surgery on leg and knee. Not on back. Attorney said June 2020, MY

CASE IS TOO NEW TO BE HEARD.

It's been over 2 years. Where do I go from here?

Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

Workers comp claims take awhile. Your attorney probably knows very well the timeline and process. You could consult with another workers comp attorney, but they may tell you the same.

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