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Michigan Employment Law Questions & Answers
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... Read 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...
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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... Read 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.

1 Answer | Asked in Employment Law for Michigan on
Q: is it legal for a company to change your pay date in the middle of the pay period without notice?

normally i work thursday-sunday and get paid that monday. this past friday we found out (literally overheard the managers) that payroll was going to be messed up and we weren’t getting paid monday. my managers/HR/owner has not said ANYTHING about how or when we will be paid. other than “if you... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 28, 2022

This will likely depend on the length of the delay in receiving the payment. Generally, employers can change their payroll schedule without notice (ex. changing pay date from Mondays to Fridays), but there may be payment deadlines imposed by Michigan state law that your employer cannot exceed.

1 Answer | Asked in Employment Law for Michigan on
Q: Fired because some was sore I wrote them up and complained to GM.

For the 4 years I have worked at Menards Inc. I have not had any performance or attendance issues. I am a 1st assistant and this past Sunday I wrote up a fellow manager under me for poor job performance. He was irritated. The Saturday before we were playing around and he joked with me about... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Really hard to say given the limited facts.

Generally, absent a contract or a union agreement, employment in Michigan is "at will". There is limited protection against firing, but retaliation may be a legitimate issue to address. Your problem, though, may be that by your account,...
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1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I left my contract on a cruise ship before it was up. they will not hire me back, I left because of Covid, I have case?

The rule on a royal Caribbean ship is that if you leave without fulfilling a two week notice you are not allowed to be rehired. I had put a two week notice in to go home to take care of some personal stuff. During that two weeks. Covid was spreading rapidly, I had a feeling that I was going to be... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

What are you wanting to happen? If that is Royal Caribbean's policy, and they won't hire you back, there is nothing a court can do about that. You have no right to work for a particular company.

1 Answer | Asked in Contracts, Employment Law, Health Care Law and Small Claims for Michigan on
Q: I need to know if there's compensation I can get from my boss for breach of contract,and making me work in unsafe,

Volitle, mentally and emotionally abusive environment with another employee. Whom I found out he's sexually involved with

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

Possibly. Sounds like the makings of a lawsuit for which you should seek an employee-side civil litigator.

1 Answer | Asked in Employment Law for Michigan on
Q: A former employer of mine is threatening to sue me claiming I took work from the company and wants repayment.

A former employer of mine is threatening to sue me claiming I took work from the company and wants repayment for lost business to the company. I am trying to find out if they have any ground to stand on with that claim. I never "stole" work from the company, on 3 occasions after a... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

Possibly. Depends in part on any employment agreement you had. Also depends on whether your customer was an actual customer of your former employer at the time.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I am being forced to work for no pay and my own possessions being used as leverage against me I don't know what to do.

he has possessions in my garage and I have possessions including vehicles on his property that are constantly under the threat of going to the junk yard if I don't work its a really mixed up mess

Brent T. Geers
Brent T. Geers
answered on Aug 11, 2022

Have you talked to him about him getting his stuff out of your garage, and you get your cars out of his yard, and both of you just go your separate ways?

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

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Michael Zamzow
PREMIUM
Michael Zamzow
answered on Aug 4, 2022

I don't believe there is anything suspect about this procedure, more information could tip the scales. The EEOC has published guidance on this and on mandatory vaccinations.

I would be curious to hear what an infectious disease physician would say. But from my perspective, on the...
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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal for a trucking company to refuse employment to a driver if they are over a certain weight?

The trucking company is out of Oklahoma. This person is physically able to perform all required job duties and have passed a DOT physical

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

This depends on the employer's reasoning for not hiring the individual. If, after passing all required tests, the employer still believes the employee isn't able to perform the job due to his or her weight, then the individual should reach out to a Michigan employment attorney to discuss... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: How long will a company usually give you to pay back a relocation allowance if you leave before a year?

My son took a job and got an 11,000.00 relocation package. He used it. He is leaving at 10 months because he was afraid his job was being eliminated and had been offered a much higher paying job. They told him at his exit interview he owes the entire amount back and they are garnishing his entire... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2022

Everything you write seems plausible. I don't think there is a way it has to be done. If the employment agreement was for him to receive $11,000 on condition that he stays at least a year, then I think the company has a right to demand at least some of it back. I suppose you could argue that... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: After telling me the working hours for a job I said sure I can work them but I have religious observation one Saturday a

Month, she then told me I would not be a good fit around here and then she ended the call.

This is religious discrimination right?

Brent T. Geers
Brent T. Geers
answered on May 30, 2022

Unlikely. From your question, it sounds like you were still in the interview stage. You offered - they didn't ask - a reason why you couldn't work the hours they wanted you to work. Their reason for not hiring you may be entirely due to your unavailability for the hours they need you,... Read more »

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does a job need parental consent in order for a minor to be employed?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 24, 2022

It's probably not entirely helpful to send you to read a statute, but there is a pretty helpful website from the State of Michigan that discusses the boundaries of the Youth Employment Standards Act (YESA). It doesn't appear as though a minor 16 years or older requires a parent's... Read more »

2 Answers | Asked in Employment Law for Michigan on
Q: Our handbook states need of 2wk notice to quit to get paid PTO. My employee gave 8 days notice in MI. She says I owe her

She told our Manager and asked her not to tell us because the employee said she’d tell us. When she told me over the phone, after working together for the whole week, it was 8 days notice. I feel since our employee handbook states 2 weeks required to get paid out PTO, I’m being just. She’s... Read more »

Brent T. Geers
Brent T. Geers
answered on May 23, 2022

You may be justified in your stance, but is it worth it to the company to defend against a court action.

Here's a thought: how about deducting the daily value of the PTO for each day short of 2 weeks notice and see if she'll agree with that?

You really should make this...
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1 Answer | Asked in Employment Law for Michigan on
Q: What are the legal consequences for an employee who houses a patient in their home that they are not related to?

I recently found out that an employee who works in a health center (located within a high school) currently has a student living in their home. There is not blood relation to the student and no legal documentation indicating the employee has guardianship or can care for the student. The student is... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

My first question is what does this have to do with you? If you are not the employee in question, or that person's employer, or this now adult, I'm not seeing a question. It's possible the employee has (had) a power of attorney signed by the student's parents. Of course now that... Read more »

1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I believe I was retaliated against by my employer
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

How? And?

1 Answer | Asked in Employment Law for Michigan on
Q: I spent 40 hours of online training before working at my job. My pay is $16/hr but I only earned $90 for the training.
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

What is your question? Were you notified about that money and agreed as a condition to start employment?

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