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Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: I work part time and my boss told me I need to cut back hours. Can I legally tell him no and continue to work my hours?

I am an 18 year old high school student working part time and my boss told me I need to cut back on hours. Can I legally tell him no because I am allowed to work those hours?

Rhiannon Herbert
Rhiannon Herbert answered on Feb 5, 2020

The Fair Labor Standards Act does not impose any restrictions on the number of hours you are allowed to work as an 18-year-old high school student, so your boss is legally incorrect if he has told you your hours are limited based on your age. However, the Fair Labor Standards Act also does not... Read more »

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 Employment Law for Michigan on
Q: Does my company have to pay me for working on call for 7 days straight after working 8 full hours daily?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 15, 2020

Under the Fair Labor Standards Act, employers are required to pay their employees for all time spent performing compensable work. Whether your on-call time is "compensable" depends on what you were required to do during your on-call time. If you were required to remain on your employer's premises... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: does an employer have to accommodate a therapist appointment.

my girlfriend has been working for this place for a while a sort of grocery slash buffet place. she has regular therapist appointments. her employer is refusing to accommodate her therapist appointments in her schedule. my question is two fold is this legal and what steps can she take if it... Read more »

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

An employer does not have to accommodate routine scheduled appointments outside of some pretty narrow and specific instances. Has she offered to alter her schedule at all? As with any negotiation, her ability to work out a compromise depends on what she brings to the employer.

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 limitations."... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: My company has decided that people who have worked there for 20 years should make the same wage as someone who was

Hired yesterday. Many of us had our pay lowered. Is this legal?

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

Likely yes. You may want to consult with an employee side labor law attorney, or a union representative if one is available to you. But generally, absent a contract, employment is at will and subject to you willing to work for the wage an employer is offering at the time.

1 Answer | Asked in Employment Law for Michigan on
Q: I was offered a job from a financial institution and was denied because of my background check

I was given the job and i accepted the offer. When they did the backround check I had a misdemeanor I didn't know about from 10 years ago when I was 17. they took back the offer and said I couldn't have the job.

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

What is the question? This is not an uncommon scenario. Unfortunately, the bank can do that.

1 Answer | Asked in Employment Law for Michigan on
Q: I work at a child care facility in Michigan, can they enforce an anti fraternization document regarding parents of kids?

The document says we can’t (as teachers) hang out with parents of kids at the school, be friends on Facebook with them, etc. is this even ethical? Legal?

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

As a condition of employment, yes it's legal. Whether it's ethical, right, or just is a matter of opinion. The alternate, of course, is to convince the facility to change that policy or seek employment elsewhere.

1 Answer | Asked in Criminal Law, Employment Law, Health Care Law and Nursing Home Abuse for Michigan on
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.

My CNA license may or may not be revoked.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of... Read more »

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 with...
Read more »

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Domestic Violence for Michigan on
Q: Can I sue my job for the incident that happened today?

Today at work, I work at Spectrum Juvenile Justice Services and a resident threw urine on me. The resident had already been acting out throughout the week and the punishment for that is he couldn’t come out his room. So during the day someone had to sit at his door to monitor him. That’s what I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You can't sue your job for that. Unfortunately Mental Health workers face assault and abuse but there is little that can be done. If you have a union speak with them.

1 Answer | Asked in Small Claims and Employment Law for Michigan on
Q: Is it fraud or mistake

How does the law fall under if I caught my company clocking me out and I was still working. I caught them on a few times and not paying me on my full commission pay. They said it was a mistake. But the manager seen me working still and was the one that clocked me out.. I was fired and then its when... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 16, 2019

Your question involves elements of employment law, so you'd need to pose it to an employment attorney for the most meaningful direction. But it remains open for four weeks. In general terms, regardless of the area of law, fraud or mistake can be distinguished from one another by the state of mind... Read more »

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
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
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
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
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
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
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
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 »

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