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Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: If someone tells me over text that they were going to harass me at work but they never did and probably won't,

can my boss ban this person from store even tho the man didn't do what he said. I work at 7-Eleven. I believe it's a public company not a private one

Michael Zamzow
Michael Zamzow answered on Apr 5, 2021

Generally, places of business can exclude an individual for any permissible reason.

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 Law for Michigan on
Q: I get paid biweekly and the schedule is shared weekly. Lately they have been making schedule changes without 24 hours.

Is it legal for them to do this? Or do they need to give 96 hours advance for schedule changes. They also don’t pay one and one half for when the schedule does change without more notice.

Brent T. Geers
Brent T. Geers answered on Feb 9, 2021

I am unaware of any law that dictates what is proper notice. I am also unaware of any law that demands an employer pay time and a half for schedule changes, so long as it doesn't result in overtime.

Your best bet would be to seek answers in your company's policies, then inquire...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: What grounds If an employee is injured on the job and can only return with restrictions and the employer does not comply

The employer made a statement that they complied but did not, possibly causing more damage than if the employee had been allowed to heal without heing rushed back to work.

Carrie Dyer
Carrie Dyer answered on Feb 3, 2021

More information is necessary to analyze your situation, but it sounds like you may have a failure to accommodate claim under the Americans with Disabilities Act and Michigan state law. You should contact an employment law attorney in your area to discuss your situation and your options.

1 Answer | Asked in Employment Law for Michigan on
Q: Can I be fired because I have to care for my child because of covid related school closing?

Trying to tell me I will be terminated if I don't come to work while my child's school break has been extended because of covid related issues

Michael Zamzow
Michael Zamzow answered on Jan 30, 2021

Maybe. There is a difference between poor management decisions deciding whether or not to accommodate an employee and whether or not those accommodations violate any employee protections. You might consider reviewing Families First Coronavirus Response Act to determine whether or not it applies to... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can an employer renig on a buyout offer.

My company is undergoing a voluntary buyout plan for its employees. I received the irrevocable agreement to commit to this and confirmed my decision to take the buyout. I later received all my package info, pension settlement, money for acceptance, and confirmation of acceptance. A couple of weeks... Read more »

Michael Zamzow
Michael Zamzow answered on Jan 30, 2021

Maybe, contact an employment attorney in your area to discuss the details. Employment agreements are agreements, an unsigned 'irrevocable' agreement will elicit a number of questions from the attorney you contact. And electronically signed agreements are generally enforceable equal to... Read more »

2 Answers | Asked in Employment Law and Sexual Harassment for Michigan on
Q: Is there a way to take any legal action?

Is there a way to take any legal action?

I came forward about sexual harassment towards me AND two of my coworkers. It was “handled” by forcing a store transfer on me without any consultation or any warning, the day of I was told “you work here now”. I lost working at my location... Read more »

Eva Zelson
Eva Zelson answered on Jan 14, 2021

A little bit more detail is needed. If the transfer can be seen as a demotion-- maybe because it is in a worse location, has worse hours or constitutes a pay cut-- you may have a case that your employer retaliated against you for coming forward about the sexual harassment. Consult with an... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for an employer to cut your pay without any notice?
Kyle Anderson
Kyle Anderson answered on Dec 31, 2020

Generally speaking, an employer can cut your pay as long as it doesn't put you below minimum wage for hourly employees or the minimum salary threshold for exempt employees. It would also be a violation of law to deduct any overtime hours from your pay if you work more than 40 in a week and are... Read more »

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
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 »

1 Answer | Asked in Employment Law for Michigan on
Q: What are my options for a cut in pay?

I was moved about 5 years ago. Always told pay would remain as is. Now being told my “transition” is coming to an end, and I am being offered a cut in pay or buyout. I need to keep working. Do I have any legal foundation to help strengthen a negotiating stance for more pay?

Marlo Bruch
Marlo Bruch answered on Dec 2, 2020

More information is needed in regards to any written agreements, your employee handbook and personnel file. Most employees in Michigan are at will but depending upon any written documentation, that may change if you have more legal rights to leverage to keep your pay or to enhance a severance... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Michigan on
Q: Coworker gave me Nazi salute, twice. Owner says I misinterpreted.


Patrick Duff
Patrick Duff answered on Oct 25, 2020

It's hard to say whether there is a cause of action here without knowing whether you're in a protected class--i.e., race, age, gender, etc. If you feel that your hours were cut in retaliation to your complaint, you can always file a claim with the EEOC and/or the MI Department of Civil... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can you sue for unemployment compensation?
Brent T. Geers
Brent T. Geers answered on Sep 28, 2020

Unemployment compensation is a state benefit handled through an administrative process. You must go through that process. If you are deemed eligible, great; if not, then you can appeal that administrative decision. In short, there is no right to "sue" for unemployment compensation.

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 Law for Michigan on
Q: Am I able to collect unemployment if I quit my job due to mental stress and hostile work environment?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

People who voluntarily quit their jobs usually are not entitled to unemployment benefits. However, an exception to this rule exists if you can prove that a reasonable person would be forced to resign under the conditions of employment you were exposed to. To make this argument, you should list out... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: If my employer cause me to miss hours due to negligence on their part are they required to pay me for time missed. Mich.
Carrie Dyer
Carrie Dyer answered on Sep 9, 2020

Your employer is not required to pay you for hours you did not work.

1 Answer | Asked in Employment Law for Michigan on
Q: Can my boss call me names

I found this doing my own research for Michigan law.

Since you don't have a right to a job, your employer doesn't have to be nice, respectful, courteous, or professional. If you don't like your boss or your job, go elsewhere. Therefore, as a general rule, your employer can... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

There's definitely limits to that sort of behavior, particularly when you enter into allegations of a hostile work environment and what that means legally. But yes, the general rule is that employment is "at will" - you can quit your job at any time, just as an employer can fire you... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I want to quit my job. My mental health is so bad and the job is so toxic.

I'm wondering what my rights are as a part-time cashier, and I'm wondering how FMLA works. I'm also wondering if I can get disability due to depression and what I would have to do if I can.

Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Additional information about your situation is necessary to analyze whether you would have a legal claim, whether you are entitled to take FMLA leave, or whether you would be entitled to disability benefits. If you have worked for your employer for at least 12 months, during which time you have... 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 Employment Law for Michigan on
Q: I can do every aspect of my job remotely but my employer will not allow it. Is this legal under the new Michigan order?

Under the new Michigan order it states that all work that can be done remotely must be done remotely. We worked from home from March to June but now my employer won’t allow it because the owner was upset we were working from home in the first place. What can I do?

Brent T. Geers
Brent T. Geers answered on Jul 31, 2020

It's the employer who decides what work can be done from home. It sounds like the owner does not agree that your work can be done from home. You can try to convince them otherwise, but ultimately you may need to make a decision regarding your health and particular situation.

1 Answer | Asked in Employment Law for Michigan on
Q: I work for a property management company (apartments) they do a lot of shady stuff that is illegal and dangerous

dangerous for the residents i have made them aware multiple times they really dont care.Is there any way i can cash in by letting them know im going to rat them out or is that extortion is there any way to profit from these slumlords both the management company and the owners know about these... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 9, 2020

You would likely have no recourse to sue them since you don't have standing for damages as a tenant might. So if your only recourse is likely to report their actions or negligence to the city, and let the city take appropriate action. And of course, you could expect not to work for them for... Read more »

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