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Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: I would like to view my personnel file after termination. How can I ask for this?
Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

You could probably just ask. Now that you've been terminated, there's no telling how quick someone may be to respond to your inquiry, but that would be the first place to start. If you are / were a union member, you could discuss with your union representative.

1 Answer | Asked in Tax Law and Employment Law for Michigan on
Q: I have questions about payroll deductions

Is it legal to deduct credit card processing fees from an employees paycheck without knowledge or written consent? Is it legal to make an employee cover cash till shortages without written consent?

James L. Arrasmith
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answered on Jul 23, 2024

No, it is not legal to deduct credit card processing fees from an employee's paycheck without their knowledge or written consent. Employers must obtain explicit authorization from employees before making any such deductions. This protects the employee's right to understand and agree to... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Michigan on
Q: Can an employer say that I voluntarily resigned from my job when I did not? They fired me.

I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Are labour costs included when the requester inspect documents themselves?

"Failure to charge would result in an unreasonably high cost to the Department in this particular instance because the employees must be taken away from pending work to process the request, and expend additional time to complete regularly assigned departmental work." What are more... View More

James L. Arrasmith
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answered on May 27, 2024

If you choose to inspect documents yourself, labor costs might still be included if the department needs to allocate staff to assist with your request. This can be due to employees being diverted from their usual tasks, causing an unreasonably high cost for the department. The time spent by... View More

1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Michigan on
Q: Do plan administrators of flexible spending accounts have a fiduciary duty to provide advance notice of forfeitures?

If unclaimed funds remain in an FSA as the use-it-or-lose-it deadline for claim submission approaches, would a plan administrator’s failure to provide timely warning of imminent forfeiture constitute fiduciary negligence?

James L. Arrasmith
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answered on Apr 17, 2024

The question of whether flexible spending account (FSA) plan administrators have a fiduciary duty to provide advance notice to participants about potential forfeitures of unused funds is a complex one that doesn't have a definitive answer. Here are a few key considerations:

Fiduciary...
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1 Answer | Asked in Social Security, Employment Law and Public Benefits for Michigan on
Q: I have questions about working on social sercurty

I started working and I am geting all kinds of wrong info, am i allowed to work on full disabilty,and at what point will that stop me from getting it

James L. Arrasmith
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answered on Apr 13, 2024

If you are receiving Social Security Disability Insurance (SSDI) benefits, you are allowed to work, but there are certain rules and limitations you need to be aware of to maintain your eligibility:

1. Trial Work Period (TWP): You can test your ability to work for at least nine months....
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

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 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 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

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Michigan on
Q: I was told because they pay cash im a 1099 cash employee. Got fired for wanting to pay my taxes Longer question no spac

I had no contact with this business. I have proof of hiring through text. A voicemail from the owner. I have pictures of their pay sheet showing I was working there.

James L. Arrasmith
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answered on Oct 25, 2024

It sounds like you have a solid collection of evidence supporting your work history. Start by organizing all your documentation, including texts, voicemails, and pay sheets. This will be crucial when presenting your case to the appropriate authorities.

Next, consider reaching out to the IRS...
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1 Answer | Asked in Employment Law for Michigan on
Q: Okay I'm in the union I injured myself the week before they suspended me now they're just fired
Brent T. Geers
Brent T. Geers
answered on Oct 8, 2024

You'll need to touch base with your union about what exactly being "in the union" can or will do for you. I can only assume that your employer would have made the union aware of your suspension and subsequent firing.

1 Answer | Asked in Employment Law for Michigan on
Q: Can an employer require you to work on projects that require your personal off hours time?
Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Yes, especially if you are salaried.

1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Q: Can I work on F1 visa OPT for a professor remotely?

I graduated in May from a University in Texas and now I am on OPT period. I now live in Michigan state. I know a professor from Minnesota University who is willing to offer unpaid internship or volunteer letter to work on a project for 20+ hours a week that is related to my degree. The work will be... View More

James L. Arrasmith
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answered on Aug 20, 2024

Yes, you can work remotely for a professor on OPT, but there are a few key points to consider. The work must be directly related to your degree, which you've indicated it is, and you must report this employment to your designated school official (DSO) to maintain your OPT status. The position... View More

1 Answer | Asked in Education Law, Employment Law and Immigration Law for Michigan on
Q: How can I legally become a physicist in the U.S. after obtaining my education in the U.S.

I am a H4 visa holder which depends on my dad's H1B visa. I am 14 years old, go to a public school in the U.S., and want to eventually get a job in the U.S. as a physicist. I want to do so by first completing my highschool studies, getting into a university, get a bachelor's degree, a... View More

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answered on Jul 30, 2024

To achieve your goal of becoming a physicist in the U.S., you’ll need to transition from your H4 visa to a student visa. After high school, you can apply for an F-1 student visa to attend a university. This visa will allow you to stay in the U.S. for the duration of your studies, including your... View More

1 Answer | Asked in Employment Law for Michigan on
Q: With a lump sum severance payment, can it be offset if I find new employment within a certain time frame?

My employment was terminated effective immediately (7/1/24). I was offered a severance package with a one time lump sum payment. It states in there though that "payment will be offset by the gross income earned by you from employment or self-employment during the time in which the payment is... View More

Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

Possibly. It sounds like they certainly have the right to do so. Will they is another question.

1 Answer | Asked in Employment Law for Michigan on
Q: Is there a legal response to a company who does not provide a minimum number of work hours and sends you home daily ?

Company will not fire you for bad work ethic or lay you off. They do not say you are a bad worker, in fact they have said the opposite. They apparently want you to quit, but then you cannot claim unemployment.

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Unless you have a contract that specifies a certain number of hours (e.g., you are guaranteed a certain number of hours), what the company is doing isn't necessarily unlawful.

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for Michigan on
Q: I am ending a job with a company where my rights are violated, I receive insults and screams. Could I sue?

It is a renovation company and this boss cheats, psychologically mistreats, screams without control and insults. The truth is that I live with anxiety and I don't feel safe.

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

A Michigan employment attorney could advise best, but your question remains open for four weeks. The best way to answer your question would be to try to arrange a free initial consult with an employment law attorney in your state. In addition to your own searches, you could use the "Find a... View More

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.

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