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Michigan Employment Discrimination Questions & Answers
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... Read 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... Read more »

Michael Zamzow
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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... Read 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,... Read 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... Read 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
PREMIUM
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... Read 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.

2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Eva Zelson
Eva Zelson
answered on Sep 17, 2021

It’s good that there is hard evidence in the case, rather than a case of he said she said. The first step is to document with the HR department at your company. Hopefully your employer will take steps to ensure that this does not happen again. If they do not, you will have a compilation of... Read more »

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3 Answers | Asked in Employment Discrimination for Michigan on
Q: An employer didn’t hire me because they said they didn’t think the job would be financially and emotionally fulfilling.

I previously worked for them for 10 years as their general manager running the business and left on good terms. They contacted me a year later out of the blue and asked if I was interested in coming back for a specific position and I was the only person they were asking about the position. Made... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2021

An employer is generally free to make hiring and firing decisions for any reason other than for protected status reasons (e.g. race and gender).

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1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I was promised a 250 bonus for starting work. I was let go because of suspicion of marijuana and never received my $250
Brent T. Geers
Brent T. Geers
answered on Jun 26, 2021

First, look at the terms of that bonus closely. It may say you need to work a certain period of time before receiving the money. Second, if they are unwilling to give you the bonus, you may need to take legal action, but I would think twice about going to court for $250 when you were fired for... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can employers make you get Covid shot? Feeling singled out, belittled, bullied.

My daughter has had Covid, works in Mi and her and another not wanting shot at this time in their life. What are the rights protecting from being forced? Does this medical info (personal) fall under hippa being told by boss that it does not? Can I get fired for not having Covid shot? MI is at will... Read more »

Carrie Dyer
Carrie Dyer
answered on May 19, 2021

You are correct that Michigan is an at-will state. Her employer can mandate that she get the COVID vaccination, unless she has a medical or religious reason for not wanting to do so. If either of those apply to her, you should contact an employment law attorney in your area to discuss her rights... Read more »

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1 Answer | Asked in Employment Discrimination for Michigan on
Q: During the interview process can the employer ask if a candidate received the COVID vaccine?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 3, 2021

Yes, employers may ask if a prospective employee has been vaccinated.

1 Answer | Asked in Communications Law and Employment Discrimination for Michigan on
Q: Can someone video record w/ audio and eavesdrop on my conversation with a fellow employee without my knowledge?

I was inside their home because they hired our company to treat for pests. All electronics are supposed to be unplugged. She had a video camera set up and eavesdropped on my conversation with an employee while she was somewhere else watching on her phone. She’s now sent it to my office and trying... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 28, 2021

You have two issues: 1) you were in someone else's home, with no reasonable expectation of privacy; 2) this is an employment issue. Any one, right or wrong, can make a complaint. Good employers will assess the complaint and want to hear your side of things before taking action. It could be as... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I had an employer fire me for no reason but the paper said I been warned multiple times I have never been warned

Hi there I left my job to work for better pay for a company that been asking me to work for them for a couple years I worked there for a couple months and everyone was getting high and drinking on the job I did a great job I'm good at what I do one day i walked in and was handed a paper saying... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

You will likely need to wade through the unemployment appeal system where your fault can be established. Just keep in mind that warnings do not need to be in writing, and Michigan is generally an "at will" state. The remaining question seems to be whether you now qualify for unemployment benefits.

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Libel & Slander for Michigan on
Q: Can I file a lawsuit against someone for defamation of character and discrimination?I have proof ? Accusing me of crime

A supervisor at my old job is accusing me of committing a crime of vandalism on his vehicle, there is no evidence against me but I have messages of him calling me a criminal saying and also telling people it was me who committed the crime of a vandalism act to his vehicle , he even reported my name... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 5, 2021

You probably could take him to court, but unless you have provable damages, I don't know what good it will do. Defamation and any civil claim is different and carries a different burden of proof than a criminal case.

1 Answer | Asked in Employment Discrimination and Civil Rights for Michigan on
Q: Can I sue a company for wrongfully accusing me of a crime I did not commit ?

My old job is trying to say I committed a vandalism act against a car in their parking lot, no evidence against me or no proof of me being there just going by hearsay and blaming me for it , can I sue ?

Brent T. Geers
Brent T. Geers
answered on Mar 4, 2021

Whenever someone talks about suing someone, we first must ask the question: what are the provable damages? Have you been turned down for other work?

Keep in mind that we're not talking about a criminal case here. No one needs to prove anything beyond a reasonable doubt. You would be...
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1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can management ask other employees about one another for a pay raise review? (Michigan at will employer)
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2021

I don't see why not. Pay raises would be discretionary. And so long as your employer doesn't deny you a pay raise due to a protected class status, you'll have an uphill climb.

Q: I live where I work and they just sent me an eviction notice and it say I'm squatting, can get legally evict me?

I pay partial rent and don't have a rental agreement and been living where I work ( maintenance man) for 8 years. They wrongfully fired me but then gave me my job back at the end of the week (I didn't ask for it back) now I have an eviction notice saying I'm squatting and have to... Read more »

David Soble
PREMIUM
David Soble
answered on Dec 27, 2020

Without a written lease, you have a month to month rental agreement (oral agreement). Therefore, they would have to give you 30 days notice. You should also note that in Michigan there are new measures in place with the district courts related to the residential eviction process that require more... Read more »

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