Michigan Employment Law Questions & Answers

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Apr 17, 2019
Brent T. Geers' answer
Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.

Q: I have had revoked overtime due to having FMLA - This is discrimination?

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
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.

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Dec 8, 2018
Brent T. Geers' answer
Failure to adhere to a written policy may provide you some defense, but absent some exceptions, Michigan is an "at will" employment state.

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

2 Answers | Asked in Employment Law and Admiralty / Maritime for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
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 have an obligation to hire you solely for any cruises that don't exceed 200 miles.

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Oct 24, 2018
Trent Harris' answer
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 payment to correct a mistake in payment of wages. Even then, if the employer did make a mistake, the employer would probably still need to have given you written advance notice, at least 1 pay period in...

Q: Does the Equal Pay Act protect someone after their employment has been terminated?

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
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.

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Oct 10, 2018
Trent Harris' answer
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 paycheck on the one hand, or a Form 1099 with no withholding). Based on what you said about the employer’s control and supervision over your work, it sounds like you are clearly an employee, not a...

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?

1 Answer | Asked in Employment Law, Business Law, Intellectual Property and Internet Law for Michigan on
Answered on Oct 7, 2018
Trent Harris' answer
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 the employer would probably have a good case in court if they tried to force you to return the information. The disclosure sounds like it was inadvertent, and a judge probably would not say that the...

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Sep 17, 2018
Trent Harris' answer
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 payment for a claim under a health insurance policy, or a workers compensation policy. But even when it is authorized, the employer must disclose the minimum information necessary to achieve the...

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

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Answered on Sep 17, 2018
Trent Harris' answer
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 policy, and its decision was made after an investigation that was reasonable in the circumstances, this could be a legitimate exercise of the employer's power to supervise and discipline employees....

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

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Law and Workers' Compensation for Michigan on
Answered on Aug 27, 2018
Marlo Bruch's answer
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.

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Jul 13, 2018
Marlo Bruch's answer
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.

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Jul 2, 2018
Marlo Bruch's answer
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.

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

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Answered on Jun 1, 2018
Brent T. Geers' answer
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 don't get the job, how can you prove that the decision was made based on this criminal record?

Lastly, it's quite possible that the employer accessed ICHAT records which may have shown an...

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?

1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Answered on May 23, 2018
Carl Shusterman's answer
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.

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?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Michigan on
Answered on May 22, 2018
Peter N. Munsing's answer
You made things tough for yoruself. Contact a member of the Michigan Assn for Justice that handles comp claims--they give free consults.

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Apr 24, 2018
Marlo Bruch's answer
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 exclusive legal cause of action for injuries sustained on the job.

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?

1 Answer | Asked in DUI / DWI and Employment Law for Michigan on
Answered on Apr 17, 2018
Jasmine D. Rippy's answer
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 with his boss, he should limit his alcohol intake or make other transportation arrangements. Judges are harder on DUIs now than in the past because of the accessibility of Uber and Lyft.

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

1 Answer | Asked in Criminal Law and Employment Law for Michigan on
Answered on Apr 5, 2018
Brent T. Geers' answer
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 do that.

Workplace zero tolerance policies are typically concerned with drugs in the workplace. So long as you're not bringing weed with you to work (even accidentally), and you don't come to...

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

1 Answer | Asked in Employment Law for Michigan on
Answered on Mar 6, 2018
Marlo Bruch's answer
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 you may be at a legal disadvantage and it is worth to at least speak to an attorney to advocate for your rights and to explain the law to you.

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