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Michigan Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: I was fired for talking to another employee that quit about other places hiring. I was the only one fired over it.

Can they do this?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 28, 2020

Unfortunately, there is no violation here. You live in an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time and for any reason or no reason at all (as long as the reason is not discriminatory). While it is unfair to you that you were... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Do employers have to pay pto out when employee is fired? There was no handbook or contract about it
Rhiannon Herbert
Rhiannon Herbert answered on Jan 28, 2020

Unfortunately, no. Under the Fair Labor Standards Act, employers must compensate employees for all hours worked, but PTO hours don't count as "hours worked" since you did not spend this time working. The Fair Labor Standards Act also doesn't require employers to offer PTO.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got ticketed for not having my insurance info present and for having a suspended license that i was not aware of

After the policeman ticked me, he asked me for my phone number. Normal?

Mark Bredow
Mark Bredow answered on Jan 28, 2020

It is not unusual. Certainly, not improper. Remember, a police officer can ask any questions she wants. You are required to produce your license registration and proof of insurance, you are free to decline to answer other questions.

1 Answer | Asked in Personal Injury, Products Liability and Environmental for Michigan on
Q: I came in contact with silicosis dust from diamertous earth and i already had COPD anyways this powderly stuff

This powedrly stuff was put onto my capeting by my sister inlaw anyways afterwards after i inhauled this chemical called diametrous earth 3 days after i inhauled this powderly chemical 3 days afterwards i ended up into the hospital with small bowel obstruction i had to go through surgery because of... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 27, 2020

You should contact a Michigan attorney if this is something on which you are contemplating a claim. Your post remains open for a week and it looks like two-plus years have already elapsed. You should act without further delay to discuss state statutes of limitations for the applicable legal... Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if the trustee didnt file the final report for distribution of assets before the due date?

My Chapter 7 has been reopened due to receiving assets, the judge ordered trustee to file final report on June 1, 2019 but I havent gotten any information since then and the status of the case is still "awaiting trustee's report"

Thomas. R. Morris
Thomas. R. Morris answered on Jan 27, 2020

There is not usually a deadline, and the order is unusual. It is probably up to you to enforce the order, and ask for the court to impose a consequence.

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am trustee of my recently deceased father's living trust. I am trying to gain access to his bank account.

The account is listed in the trust but no beneficiaries are listed. I have the trust in hand with all notarized documents and the death certificate. The Bank is telling me that I need a letter of authority to get access to the funds. There is nothing on file at the Van Buren County probate Court.... Read more »

Trent Harris
Trent Harris answered on Jan 27, 2020

You do not need letters of authority. That is for a probate estate. If the bank account was already owned by the trust, then what you likely need is a signed acceptance of successor trustee, showing that you have taken over as trustee and accept your obligations as trustee of the trust. The exact... Read more »

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a divorce trial coming up. And I was just wondering if I could have witnesses?
Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

You can, although any witnesses you choose should have relevant and unique information. You do not need, and the judge will probably not allow, 10 people each saying that you're the best person they've ever known. More importantly, each witness must be able to testify about facts they have personal... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Child stays ot w/mom. Court wasn't informed. Mom and child stay with mom friends. Child has no room, or bed.

Child comes over for visits, dirty and unkempt. Has told us she doesnt have a room or bed, sleeps on a couch, also that the place had bedbugs, hence no bed, and the ceiling where she sleeps, caved in, where her and the mom stay.. Now mom is asking for more money... Dad is on CS, what are his... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

First step sounds like to get a motion together to present to the court the exact circumstances in which this child is living. The child support issue will be addressed through that.

1 Answer | Asked in Immigration Law for Michigan on
Q: My F2 visa expired last August but still have my I20 valid. Can I fly to US Virgin Islands and return to Michigan?
Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Maybe, as you will stay within US territory. But why risk it?

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Ticket says speeding but officer told me impeding traffic

Hi, I got pulled over for speeding and the officer told me he wrote me up for impeding traffic so I don’t get points on my record, but in the ticket the charge still states speeding but he wrote impeding traffic in the comments section. He then said just let the court know it’s for impeding... Read more »

If it says Speeding, in the area on the ticket, right below where it says, In Violation of (probably Local Ordinance), then the charge is speeding, and the notation of Impeding Traffic in the remarks section is not controlling. If you just pay the ticket, you will be paying for a speeding ticket.... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I’m on probation for a dwi and was set to do 96 hrs of community service and cannot because of my job, can I pay a fine?

Normally you can't "buy" your way out of community service. A lot of courts look at community service as an alternative to giving a person time in jail, so they often see it like they have already given you a break by not putting you in jail. Talk with your probation officer and explain your... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I was assaulted over a year-and-a-half ago she was arrested I want to press charges they never followed up

Assaulted by my mother-in-law a year-and-a-half ago they didn't want to arrest her because she is 70 years old but they did after they made me take a breathalyzer not her they called me the next day to ask if I wanted to press charges I said I did it has been a year-and-a-half now and I've heard... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Prosecutors make the decision to press charges. Have you contacted the local prosecutor's office to determine the case status? They could have elected not to pursue charges for any number of reasons. Just because someone wants charges pressed doesn't mean that the prosecutor must do so.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is their relief due a criminal defendant sentenced contrary to law after sentence served?

Besides appeal of the sentence, assuming Michigan, where would I find information relating to this? What options are available?

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Yes, although highly limited.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a misdemeanor MIP in Michigan from 2003 be retroactively changed to a civil infraction now that it's decriminalized?

I was issued a misdemeanor citation for an MIP when I was 17. No court appearance, I just sent in my $80 fine. I didn't realize it was a misdemeanor and my parents were never notified. Now that a first offense MIP is only a civil infraction, can I have that offense changed to a civil infraction?... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

The short answer is no, but I would suggest working with a seasoned local criminal attorney who may be able to help y you navigate toward a solution here.

1 Answer | Asked in Criminal Law for Michigan on
Q: I am charged with CSC 4 th degree the accuser is 18+ years old girl The prosecutor offered me a deal of 5 years probati

And sex offender registration.

I do not have any criminal or other bad records .Is my registration public or private for law enforcement eyes only

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Your registration would be public. There is no private sex offender registry, which would be quite contrary to the intent of the registry.

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan can you be charge with Felon in Possesion if there is no firearm found during search?

Victim said he had a firearm, Defendant said he never had a firearm.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Yes you can. Your scenario presents a question of fact: did he or didn't he have a firearm. That's ultimately for a jury to determine at trial, by weighing the credibility of the two conflicting statements.

1 Answer | Asked in Criminal Law for Michigan on
Q: IF Alledged victim committed perjury under oath (pre-Lim). Should defendant file a Motion to dismiss.

Search Warrant Report, Police Report and the alledge victim testimony under oath Pre-Lim) are conflicting with each other.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

That's not going to work. The search warrant and police report are not evidence. Further, the victim did not make the search warrant report or police report (that was done by the police, albeit likely with information the victim provided). It is not uncommon for police reports to be inaccurate -... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Regarding paternity and custody

My 25 yr old son was in a relationship, woman said he was the father of baby. They broke up in May 2019 and she will not have anything to do with us or him. No communication at all. He truly needs help and does not have much money. Can he get a legal aid attorney and how? He wants to be in the... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Many courthouses have a legal assistance center or otherwise a place where they have forms available for these sort of matters and have staff able to assist in filling them out appropriately. Do that and get this matter before a judge. Continued communication with this woman is unlikely to yield... Read more »

1 Answer | Asked in Landlord - Tenant and Identity Theft for Michigan on
Q: How to deal with a tenant not on the lease, and who is not paying any rent money.

I moved out of my apartment in Michigan, and found a guy to stay in it, and we had an agreement that he will pay me rent every month. He is NOT on the lease. He payed me for the months of October and November. He has, as of december, not payed me rent, and is not answering my calls.

My... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

First, does your lease - the agreement YOU entered into with the landlord - allow for this arrangement (subleasing)? And if so, is the landlord aware that this is what's going on now? If not, the amount owed is between you and the landlord.

You could do as you're proposing: pay off the...
Read more »

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