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Michigan Employment Law Questions & Answers

1 Answer | Asked in Employment Law for Michigan on

Q: Is my employer allowed to implement new policies that were not established before I was hired in?

If I was not required to submit to a pre-employment drug screen and never signed anything stating that I would. Am I required to submit to random drug testing once my employer newly adds this policy?

Brent T. Geers answered on Apr 17, 2019

Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.

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 my... Read more »

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 Law for Michigan on

Q: Can h.r skip steps in their Attendance disciplinary policy

Brent T. Geers answered on Dec 8, 2018

Failure to adhere to a written policy may provide you some defense, but absent some exceptions, Michigan is an "at will" employment state.

2 Answers | Asked in Employment Law and Admiralty / Maritime for Michigan on

Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles

Restriction is due to type 1 diabetes. Cruise line states no voyages within 200 miles although their marketing states otherwise. Is this employment discrimination? How can I find more information on maritime laws, definitions

Brent T. Geers answered on Nov 12, 2018

Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would... Read more »

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1 Answer | Asked in Employment Law for Michigan on

Q: Can my employer reverse a direct deposit from my account without my authorization

Trent Harris answered on Oct 24, 2018

No, your employer would need authorization to take funds out of your bank account. See MCL 408.477. You will want to make sure that when you signed your pre-employment paperwork or post-hire paperwork that you did not sign an authorization that allowed the employer to reverse a direct deposit... Read more »

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 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.

1 Answer | Asked in Employment Law for Michigan on

Q: I was offered a job on the premise it was a full time permanent position.A week after I was working there, I was told no

I was offered a job on the premise it was a full time permanent position. A week after I was working there, I was told that I am not a permanent employee but a contractor. I am being paid an hourly wage, work at their offices, using their equipment and told what work to do and when it has to be... Read more »

Trent Harris answered on Oct 10, 2018

It sounds like you are saying you were hired with the understanding you would be a full-time employee, but once hired they are only giving you part-time work. The term “contractor” means the tax status of your work (i.e. whether you are paid on a W-2 with withholdings held back from your... Read more »

1 Answer | Asked in Employment Law, Business Law, Intellectual Property and Internet Law for Michigan on

Q: ex-employer shared files with me on my personal file sharing/ email account 15 months after I was fired. do I hv 2 gv b?

I was working for a pharmaceutical wholesale distributor in mi. I had a 1 year non compete agreement. I was fired 8-17-2017 and my non compete ended 8-17-2018. Two months after the non compete ended, I noticed that the owner of the company was sharing files with me via onedrive (a file sharing... Read more »

Trent Harris answered on Oct 7, 2018

Although your noncompete has ended, it is likely that any confidentiality agreement that you had with the company, whether in writing or in a employee manual, still applies after termination of your employment. The information that you mentioned is recognized by Michigan law as trade secrets, and... Read more »

1 Answer | Asked in Employment Law for Michigan on

Q: I am a home health aide. My employer disclosed my medical information to a client I work with is that legal?

Trent Harris answered on Sep 17, 2018

Generally, an employer cannot disclose an employee's confidential medical information to a third party, unless it has the employee's permission or the disclosure is for a legitimate business interest of the employer. Some legitimate business interests, are, for example, for the employer to obtain... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on

Q: Can my company suspend me based on allegations of another employee concerning there personal property

Trent Harris answered on Sep 17, 2018

Generally, yes. An employer is allowed to discipline employees for misconduct in the workplace. If your employer has a disciplinary policy spelled out in an employee handbook or other written document, the employer would need to follow the written policy. Assuming your employer did follow its... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Law and Workers' Compensation for Michigan on

Q: Is the severance offer fair and should I sign it under the circumstances of my release after 12 yrs employment.

It is not in line with another employees that I asked confidentially. They received one week for every year of service. I was only offered 4 for 12 years. There are many circumstances leading up to the company saying they accepted a resignation, I never gave and I repeatedly told them that.... Read more »

Marlo Bruch answered on Aug 27, 2018

I recommend that you contact an employment attorney in your area to go over the agreement before you sign. This forum is too general to give an appropriate response.

1 Answer | Asked in Employment Law for Michigan on

Q: Recourse for Failure to Notify of Non-Renewal of Contract/Past Practices Question - Union CBA

My wife is currently in a union contract dispute with her employer, a local college. The complaint is that the union CBA that my wife is covered under states that if the college is not going to renew an employee's contract they must be notified in writing with an explanation by March 1st. My wife... Read more »

Marlo Bruch answered on Jul 13, 2018

I recommend that your wife bring all of her employment documents, CBA and contracts to a local employment law attorney to review who also handles education law. Without seeing the actual language, it is difficult to make a recommendation.

1 Answer | Asked in Employment Law for Michigan on

Q: Can my employer hold my Pay check pending an invitation. It's been 3 weeks no letter no call no check.

I was suspended then fired didn't know why until my pay check didn't post that following week. Then I was told that they're holding my last check pending an invitation and the cops would contact me. I asked for the detective on this case phone number they were very rude about i and didn't give me... Read more »

Marlo Bruch answered on Jul 2, 2018

It is unclear what the investigation is about. I recommend you contact the Michigan Office of Wage and Hour to file a complaint for the unpaid monies and contact an employment attorney in your area for the same.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on

Q: Can I sue for discrimination on a background check?

I have no felonies on my record that the public can see. That means it won’t come up on a background check whatsoever. But I received a call and the persOn conducting the report asked me about something that happened back in 2015 which was literally dismissed by my judge and i was removed from... Read more »

Brent T. Geers answered on Jun 1, 2018

Employers, generally, can hire or fire people for almost any reason except for reason of protected status (e.g. race, gender, religion). We live in an age where people are fired, and then not hired, for tweets.

But here's where you stand now: 1) a final decision hasn't been made, 2) if you...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Michigan on

Q: I currently have both OPT EAD and TPS EAD.Can I work as a UBER driver using my TPS EAD? without affecting my OPT EAD?

Will my OPT EAD get invalid, or will there be any problem when extending my OPT EAD after a year ( I have STEM degree) if I use TPS EAD to work?

Carl Shusterman answered on May 23, 2018

I would not do so. Since TPS is being cancelled for so many countries recently, it is much safer for you to only use your OPT EAD.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Michigan on

Q: I told a lie to co-worker about my injury related on job, said it happened off hours and off site. did I screw myself?

unknown injury- blow to abdomen and ribs

Told mother and landlord the true story; also girlfriend. It's been three days. I just didn't want to jeopardize my new job because they've been known to fire after injuries.

Peter N. Munsing answered on May 22, 2018

You made things tough for yoruself. Contact a member of the Michigan Assn for Justice that handles comp claims--they give free consults.

1 Answer | Asked in Employment Law for Michigan on

Q: My work just demoted me for not being able to work as hard because of doctor restriction. I have a herniated disc

The injury in question did happen at work but I didn't claim it under workman's comp because the company was worried about their safety rating. I am a salaried employee as well are they allowed to do this?

Marlo Bruch answered on Apr 24, 2018

Regardless of not initially filing a workers compensation claim, I recommend that you do contact a workers compensation attorney regarding this issue. There may also be other unlawful violations, but that is where you should start first because in Michigan a workers compensation claim is the... Read more »

1 Answer | Asked in DUI / DWI and Employment Law for Michigan on

Q: My husband's boss encourages him to drink and drive all the time. It has been years, is there any way to fix it?

The boss is temporarily working in US office from the headquarter in Korea. He doesn't take it seriously about DUI.

Jasmine D. Rippy answered on Apr 17, 2018

If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Michigan on

Q: zero tolerance drug policy in the workplace- what to do when you live with someone who smokes weed

would i get in trouble at my job if somehow the police were to find my roommates weed and they accepted responsibility?

Brent T. Geers answered on Apr 5, 2018

Your question presumes that you were criminally charged. Even if that were the case, with some exceptions, you don't have an obligation to tell your employer about your legal troubles. Of course, your employer could always run checks through public records and find out, but it's doubtful they would... Read more »

1 Answer | Asked in Employment Law for Michigan on

Q: Information retaining an unbundled attorney or legal aid . I was terminated. I need to write a response to a motion

I was recently terminated from Board of Education as a teacher for refusal of drug testing. I have filed a letter of appeal to the Teacher Tenure Commision and the District file a motion of dismissal. I was informed by the Judge to write a response to the motion of dismissal. I need guidance in... Read more »

Marlo Bruch answered on Mar 6, 2018

As a tenured teacher, you have more legal rights than an at will employee in Michigan. I recommend that you contact an employment law attorney in your area to assist you. The Tenure Commission has strict court rules and requirements just like a regular court. The school district attorneys know... Read more »

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