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Michigan Employment Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law, Health Care Law and Employment Law for Michigan on
Q: Is the mandatory respirator questionnaire enforceable if I decline fit testing?

I'm employed by a local health department in Michigan, where we are required to complete a "mandatory" OSHA respirator medical evaluation questionnaire, even if we wish to decline being fit for a respirator. Even upon declining, I'm asked to sign a statement acknowledging the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2025

A Michigan employment attorney could advise best, but your question remains open for two weeks. This is very specific and very technical - it's possible industrial hygienists involved in OSHA certifications could be closer to these types of settings than attorneys. As a general point, until... View More

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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?

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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... View More

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

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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.... View More

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... View More

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:... View More

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... View More

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 Law, Landlord - Tenant and Real Estate Law for Michigan on
Q: Wrongful termination after signing a lease and billing issues

My husband worked as a maintenance man at an apartment complex and recently signed a lease there. However, a week after signing, he was fired. There were no specific reasons given for his termination, except that there was an argument with another maintenance guy, Woody, two weeks prior, which... View More

James L. Arrasmith
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answered on Nov 5, 2025

It’s understandable to feel frustrated after your husband’s sudden termination, especially right after signing a lease at the same property where he worked. In most states, including those with strong employment protections, a job can still be considered “at-will,” meaning the employer can... View More

1 Answer | Asked in Divorce, Employment Law, Immigration Law and Family Law for Michigan on
Q: How to quickly obtain proof of legal separation in Michigan?

I have a pending divorce case in Ottawa County, Michigan, where custody and child support have been resolved, but a debt settlement remains, with a conference scheduled for December 17, 2025. I am enlisting in the Air Force Reserve and need proof that I’m legally separated, with all issues... View More

James L. Arrasmith
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answered on Nov 5, 2025

That sounds like a stressful situation, especially with your enlistment and immigration timelines overlapping. In Michigan, you can request proof of legal separation or pending divorce directly from the **Ottawa County Circuit Court Clerk’s Office**, even if your attorney hasn’t responded.... View More

1 Answer | Asked in Gov & Administrative Law and Employment Law for Michigan on
Q: Can my employer mandate repayment of an overpayment due to their error?

I am a salaried employee for a government transit agency in Michigan. After a promotion in November 2024, HR/Finance made a clerical error, listing me under both hourly and salaried classifications, which led to overpayments. They are asking me to repay $52,786, an amount I have disputed and... View More

James L. Arrasmith
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answered on Oct 29, 2025

In Michigan, an employer can generally request repayment of overpaid wages, even if the error was entirely their fault. However, they cannot simply deduct large sums from your paycheck without following proper procedures or giving you a chance to dispute the amount. Since you had no knowledge of... View More

1 Answer | Asked in Employment Law and Civil Rights for Michigan on
Q: What protections do I have as a third-party kitchen manager in a school district in Michigan?

I am employed as a kitchen manager by a third party at the school district where my child attends. My role includes ensuring adherence to state and federal food safety standards, as I am the certified manager. Recently, the principal claimed I couldn't work at this location anymore because she... View More

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answered on Oct 22, 2025

You have several overlapping protections when you raise food-safety concerns, even as a third-party contractor at a public school. Michigan’s Whistleblowers’ Protection Act (MCL 15.361 et seq.) shields you if you reported, were about to report, or were asked to participate in an investigation... View More

1 Answer | Asked in Education Law and Employment Law for Michigan on
Q: School changed son's conduct charge from possession to distribution. What can be done?

My son was suspended from school for bringing cannabis edibles. Initially, he faced a student code of conduct charge for possession (C-09). However, at the hearing, the charge was changed to distribution (D-08) with intention to sell. As a result, he's been assigned to alternative education.... View More

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answered on Sep 30, 2025

When a school changes a charge from possession to distribution, it raises concerns about due process and whether your son was given a fair opportunity to prepare a defense. You have the right to request all documentation and evidence the school used to justify the change. If no evidence of... View More

1 Answer | Asked in Estate Planning, Employment Law and Domestic Violence for Michigan on
Q: Can sister take mom out of memory care despite my POA objections in MI?

I am the Power of Attorney for my mom, who is in a memory care facility. My sister wants to take our mom out for the day, but I'm concerned because my sister is a terrible driver and might have her license pulled soon due to her driving issues. The facility stated that they would allow our mom... View More

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answered on Sep 29, 2025

In Michigan, a Power of Attorney gives you the authority to make decisions about your mom’s care, but it does not automatically mean she has no say in her own choices. If your mom is deemed legally competent, the facility may allow her to leave with your sister if she expresses that desire, even... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Is an employer's new FMLA form requirement legal?

I have a question regarding the new FMLA requirement introduced by my employer. Recently, my employer distributed a memo mandating that employees must fill out a new 'Intermittent Absence Report' form for each FMLA-covered absence. This requirement was implemented without prior notice,... View More

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answered on Sep 22, 2025

Under the Family and Medical Leave Act (FMLA), employers can require employees to provide reasonable documentation to support FMLA leave, including intermittent leave, but the rules have limits. You can be asked to provide medical certifications or periodic updates, but the employer cannot impose... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Michigan on
Q: Security guard expected to handle suicidal situations without training. Need guidance on addressing concern with employer.

I work as a security guard, and my duties include stopping people from jumping into a river, effectively handling potentially suicidal individuals. However, I haven't received any training on how to deal with such situations. My employer does not provide specific protocols or guidelines, and... View More

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answered on Sep 19, 2025

You should start by documenting your concerns in writing, clearly explaining that you are being expected to handle high-risk situations involving potentially suicidal individuals without any formal training or protocols. Include specific examples of incidents where this has occurred and highlight... View More

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