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Michigan Employment Discrimination Questions & Answers
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 and Employment Law for Michigan on
Q: Can a employer decline a job offer if they run a background check and see an arrest but no charge
John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Using a job applicant's criminal background as a method for screening job candidates is problematic unless there is a specific law or legal regulation that disqualifies a person based upon specific criminal conduct. In many instances, prophylactic use of arrest and conviction records can be a... View More

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... View More

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

You may be able to work with an employment law attorney on a contingency basis, meaning that if you win the case or are able to settle, the lawyer's fees come out of the money awarded to you, but if you lose in court, you don’t owe the lawyer any fees. You may have a case that a... View More

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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... View 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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2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Sexual Harassment for Michigan on
Q: worplace sexual harassment, intimidation, discrimination, workplace injury

I am currently still employed at a place where I had to endure sexual harassment, intimidation, discrimination and workplace injury to which they seemingly on purpose filled out paperwork to cause workmans comp to be denied and cause as much disarray as possible. I don't know if I should quit... View More

Dana B. Carron
Dana B. Carron
answered on May 19, 2023

Do you have a workers comp attorney? Ask him or get one. I can set you up with one of the best in Michigan if you still need help.

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1 Answer | Asked in Employment Discrimination and Sexual Harassment for Michigan on
Q: I texted a coworker using a texting app about my sexual fantasy and want to know if i can get in trouble.

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Brent T. Geers
Brent T. Geers
answered on Apr 12, 2023

This is an "in the eye of the beholder" situation - provided that you are not using work resources. However, relationships and feelings change, and it's generally best to keep personal and work life separate.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Is asking for 5, 6 hr days instead of 5, 8 hr days a reasonable accommodation for a disabled person who suffers from

Diseases that make it difficult to stand,walk, and bend and is a cashier?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You should contact a Michigan employment attorney to discuss further, because these questions are highly dependent on the specific facts of your situation and the job duties you're required to perform. Your accommodation request may or may not be considered reasonable under the Americans with... View More

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... View 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 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
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... View More

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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 and Employment Discrimination for Michigan on
Q: I can't schedule an interview with EEOC they are booked for months. What can I do?
Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

I assume you filed a complaint? Not much you can do except wait.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me see their dr for ada covered disability, if my primary has already provided documentation?

Hi. I have been working remotely for over 2 years and found it helps with some of my ada disabilities (asthma, adhd, and anxiety) which allows me to preform my job better. When they stated we will have to go back into the office; I identified these disabilities to my employer and make a verbal... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

Yes. Your doctor may be able or willing to offer a contrary opinion. Then the issue becomes which doctor is right.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can an employer give sick leave benefits to some full time employees and deny sick leave benefits to others?

My employer is now denying sick leave to those employees who have worked for the company for many years and accumulated sick leave. Anyone over 240 hours moving forward are no longer receiving sick leave. Only employees who have 240 or less hours can receive sick leave. I would like to know if... View More

Michael Zamzow
Michael Zamzow
answered on Feb 23, 2022

It is far to difficult to answer a question like this with precision. Your employer can *possibly* deny sick benefits to some and not others, but *probably* not in the manner you're describing (but it isn't obvious to me what is actually happening). But, the remedy for breach in this case... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Michigan on
Q: I work for F.O.E. in Michigan. The Trustees are constantly making sexual comments and actions while I'm working.

My hours have been cut since I don't respond to their advances. There is no HR Dept. I'm unsure what to do about it..besides job hunting. Who can help me?

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

You're in a tough spot. Is there a state-level office you could contact? You might want to start there.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: What are the terminating businesses' limitations as far as taking fired employees off campus?

When I was put on leave pending termination, an off duty campus police officer was waiting to drive me home. I didn't have a driver's license due to seizures. The VP who fired me said they set up a ride home due to my condition. I said I'd rather my wife, who worked a mile away,... View More

Brent T. Geers
Brent T. Geers
answered on Jan 28, 2022

If your wife worked on campus, then I think the university had a right to escort you off campus and not to your wife's office. Whether you were falsely imprisoned is a bit more complex of an issue. I suppose you could have said you want to be dropped off across the street from university... View More

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Employer is forcing non vaccinated employees to be tested weekly, but not those who have had the shots can they do this
Michael Zamzow
Michael Zamzow
answered on Jan 17, 2022

Probably.

The State of Michigan in its COVID-19 Employment FAQ has said "Employees may be asked by employers to provide proof of a positive result or exposure. This may include documentation or making an effort to get tested for COVID-19. These are examples of reasonable...
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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... View 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 Civil Rights, Child Support and Employment Discrimination for Michigan on
Q: Are nt my civil rights being violated when conditions are forced that disable my career potential (20 yrs now)?

My life has definately been distorted by courts holding driving license, garnishing wages, jailing me.

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2021

Interesting argument, but no. First, there is no constitutional right to a driver license. Second, your right to due process affects that and everything else. Importantly, you had notice, and likely opportunity to object and show why the action is wrong.

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