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Michigan Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal to pay someone more than you make although they got hired after you and they do a less job?

I got hired as a massage therapist at a massage spa 8 years ago. I got paid $ 16 an hr and made my way to the top through hard work. and now I'm a lead therapist making $23.50 an hr. Today I found out one of the therapists they hired 6 months ago is making $24 an hr..< as a lead therapist... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 4, 2020

While your situation certainly sounds unfair, federal law only requires that employees be paid at least minimum wage for each hour worked. However, if your employer has a discriminatory motive for paying you less than other employees (i.e. if you are paid less based on your race, sex, age,... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Michigan on
Q: What action can I take if the Secretary of State/DMV is falsely reporting that I committed a crime?

I was charged (but not convicted) with Minor in Possession of Liquor when I was 16. The case was dismissed. I was told the record would be expunged when I turned 18. I am now 23 and this incident is still showing up on my driving record (Why my driving record??).

This is now hindering my... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 15, 2020

Lots of questions here...who told you it would be expunged when you turned 18? And even if true, court records (which a judge would have the power to expunge) are different than the Secretary of State's records (which judges have no authority over).

My first step would be to reach out...
Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... Read more »

Jeff Herron
Jeff Herron answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I was fired from a job because of a Facebook post on in a private group.

Fired me at will after asking me to take the post down

Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

There is very little that's private on Facebook. Somehow, what you posted got back to your employer. You may contact a local employment law attorney to see if any exceptions to the general rule of at-will employment apply to you. Generally, though, employers are allowed to take action based on... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I underwent sexual harrasment at my work place for two weeks, I then texted my boss saying I needed to quit, planning on

Putting my two weeks notice in, the next morning when I showed up to see about the paperwork for such a thing, my assistant manager yelled at me to leave the store because I had quit, even though I hadn't filed the paperwork yet, punched me and physically threw me out of the back door of my... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Sounds like there is a lot going on here and more facts are needed to fully evaluate your claim. If the sexual harassment was so severe or pervasive that it affected your ability to perform your job, you may have been subjected to a hostile work environment. I would recommend reaching out to an... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can I voice record my supervisor due to harassment and retaliation ? I work in a government agency I live in Michigan
Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

This is a far more complicated question than it appears. Michigan law makes it a crime to "use ... any device to eavesdrop upon [a] conversation without the consent of all parties." and further prohibits installing a recording device in a 'private location' without the consent... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer furlough me due to being high risk during the COVID-19 pandemic in Michigan?

My employer said they are going to furlough all parttime employees and 1 full-time employee. They asked for volunteers. Another employee, with less seniority, volunteered. Then my employer told me that because of a previous medical condition I need a note from my doctor stating I am not a... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 12, 2020

While your employer can prevent you from coming to work if you've been diagnosed with COVID-19, it cannot treat you differently or require any further documentation from you based on any medical condition that could put you at greater risk for COVID-19. If your employer furloughs you instead... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: My employer told unemployment I quit but I have 2 text messages that say if I dont show up I'm fired. Should I protest

One text is from my gm said if you dont show up today your done. The 2nd is from my shift manager and says brad said if you didnt show up for your shift your fired. The company then told unemployment I voluntarily quit. I dont know if I should protest the finding if they deny my unemployment. I... Read more »

Brent T. Geers
Brent T. Geers answered on May 12, 2020

I'm not sure what benefit you would gain. If you didn't voluntarily quit (by willingly not showing up), then you were fired for misconduct. And you have nothing to protest unless you are denied unemployment.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I work at a hotel...management is trying to get us back with the threat of denying our unemployment...is this legal?
Brent T. Geers
Brent T. Geers answered on May 9, 2020

If they are legally able to operate, then yes, as their employee, you are obligated to work as scheduled or be fired, which could lead to their threat of denying your unemployment valid.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer give more sick/personal time to "high risk" employees during the COVID pandemic?

I work for a large corporation that is considered essential through the pandemic shut downs. The company generously gave all employees an additional 80 hours of sick/personal time to cover any time off wanted or needed during the pandemic. If not used, the employee will be paid for those hours. It... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 29, 2020

Since your employer is a large corporation (500+ employees) and is considered an essential business, they are not legally required to offer any paid leave during this ongoing pandemic. Since there are no minimum standards here regarding how much paid leave employees are entitled to, your employer... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus

Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.

Greg Mansell
Greg Mansell answered on Apr 8, 2020

You are not unemployed so you would not qualify for unemployment. The Family First Coronavirus Response Act provides for paid sick leave and paid medical leave for employers with less than 500 employees.

Generally, the Act provides that covered employers must provide to all employees:...
Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Michigan on
Q: quit job due to harassment issue management did nothing to resolve. Caused fear getting job can I apply for unemployment
Brent T. Geers
Brent T. Geers answered on Mar 31, 2020

You can certainly apply for unemployment. Your question does not provide enough information to determine if you would qualify as a threshold matter. If you did, your employer may challenge it, in which case you'd be entitled to an administrative hearing to determine whether you quit for cause.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Michigan on
Q: I just quit a job that has a terribly toxic and petty work environment. I want to write a review to warn others.

I want to be honest about my experiences but dont want to be pursued for defamation. Its a small team and it would be easy to figure out that i wrote the review, especially since the person in charge is the owners mother, the only manager and the one that im writing about. These people are really... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

Good luck in your new career endeavors. An employment attorney could advise you as to the employment-related attributes of your question. As for the Libel & Slander category issues, I do not believe an attorney would be willing to give you a green light as to "understanding your... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I am currently pregnant can I be denied short-term disability from FMLA? I’m due in two months.

I am having severe back pain and some other issues I have written out paperwork of my doctor approving this leave. The woman that I am working with as my case manager is telling me that is not good enough I am going to physical therapy twice a week for it.

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

FMLA and disability are two distinct things. You can qualify for FMLA leave and benefits, but not disability, and vice versa.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Manager chooses when to enforce company policy to prevent termination for some yet I was terminated.

Manager has edited and continues to edit punch times or adjusts schedules so that employees do not accrue points that would lead to termination. (According to company policy, x points = termination.) Manager admits to my former coworker that she has done this for other employees under certain... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

You should talk with a local employee-side labor attorney. You might have a case, particularly if a pattern of misapplication of policy or the points system can be shown.

You could try contacting HR, although I would suggest waiting to do so until after you've had a chance to consult...
Read more »

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Michigan on
Q: Terminated due to an accidental erection in front of female co-worker. Wrongfully terminated?

One day at work Ive become very stressed, running up and down a flight of stairs every few minutes, and when I came back to my female coworker to help her finish our tasks for the day, and I suddenly got an erection. It was noticeable but I tried to make it not so obvious and even apologized to her... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 7, 2019

Unlikely that you would successfully fight this. How would your employer know about this if your co-worker didn't complain?

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for Michigan on
Q: I have had revoked overtime due to having FMLA - This is discrimination?

We work for Customer Service that works for a larger corporation. I was provided overtime by the company that hired me, however, the company we provide Customer Service for directed my company to revoke my overtime because I am unreliable due to having FMLA and they can't take the chance that... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 12, 2019

Your situation would require consultation with an experienced employee-side employment law attorney. Very generally, you are not entitled to overtime, and so your company not giving you more overtime may not mean much.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: My work has not paid me what can i do i also feel that the owner violated my personal space is there anything i can do
Marlo Bruch
Marlo Bruch answered on Dec 26, 2018

You can file an online complaint regarding the non payment of wages at the Michigan LARA Office of Wage and Hour online.

It is not clear about the other issue. I recommend you contact an employment attorney in your area for a consultation.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does the Equal Pay Act protect someone after their employment has been terminated?

I (a woman) was fired from a short-term position with an organization due to “merging departments” and my replacement (a man) was hired at a higher pay rate than me (by $800/month) despite having the same responsibilities and less experience than I had when I held the position. Do I have a case... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2018

You should really discuss this matter with a local employment law attorney. The facts in your case are such where you might have a case.

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