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Michigan Employment Law Questions & Answers
2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

James L. Arrasmith
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answered on Sep 21, 2023

If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that... View More

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2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2023

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

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2 Answers | Asked in Employment Law for Michigan on
Q: Can an employer cut your pay rate for not putting in a 2 week notice

Michigan, McDonald's franchise, I'm paid hourly getting about 20hr a week. The company has every one sign that they understand they will do wages for quitting without notice.

T. Augustus Claus
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answered on Sep 14, 2023

In Michigan, your employer generally cannot unilaterally cut your pay rate for not giving a two-week notice, especially for hours you've already worked. Pay rates are typically determined when you're hired or through negotiations, and reductions usually require prior written agreement.... View More

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1 Answer | Asked in Employment Law and Civil Rights for Michigan on
Q: Can I get fired from my job for my spouse yelling at an employee?

In MI. I’m a manager. My significant other felt disrespected by an employee at my job. She looked through a window to say hi to another employee and saw him staring at her. She asked if there was a problem then he made shooing gestures. When I came outside she had her arms open yelling for him... View More

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Potentially. Understand that an employer doesn't need to prove anything to fire you. They could take the position that your boyfriend had no other business being there but for you, and as a manager, you're held to a higher standard. Will they do it depends on a whole host of variables. It... View More

1 Answer | Asked in Employment Law for Michigan on
Q: I was late for a shift by 1-2 minutes. It was my first tardy. As a result, I was sent home without pay. Is this legal?

I am employed through a 3rd party/contract house. We are asked to arrive 15 minutes ahead of shift. and I typically show up to work 30 minutes early or more and have never been late in my 9 months at the job. I called/texted two supervisors to let them know there were extenuating, verifiable... View More

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2023

Absent a contract, you are generally considered in Michigan to be an "at-will" employee, meaning you or your employer may sever the relationship at any time for any reason. Put simply, you are not entitled to work, making this employer's actions quite likely legal if not a bit... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can a employer decline a job offer if they run a background check and see an arrest but no charge
John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Using a job applicant's criminal background as a method for screening job candidates is problematic unless there is a specific law or legal regulation that disqualifies a person based upon specific criminal conduct. In many instances, prophylactic use of arrest and conviction records can be a... View More

2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Eva Zelson
Eva Zelson
answered on Jun 20, 2023

Yes, this is legal. According to the US Department of Labor, FMLA law permits an employee to elect to use accrued paid vacation leave. In addition, the law permits employers to require the employee to use paid time off for some or all of the FMLA leave period. So while FMLA applies to unpaid leave,... View More

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2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

In short, yes. PTO and FMLA are not mutually exclusive. FMLA covers longer terms of leave for which you are ensured 1) your job upon your return, and 2) continued health insurance coverage. In relevant part, FMLA means you can't be fired or lose insurance coverage for protected periods of... View More

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1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer require me to use my PTO if I want to get paid when they decide to close shop?

I have two scenarios: 1) I work for an orthodontist office and sometimes they have conferences or go on vacation so we won’t have a doctor. The practice director or doctor will decide the practice will be closed. Sometimes all of us get the day off but other times just some of us and we aren’t... View More

Michael Zamzow
Michael Zamzow
answered on Apr 21, 2023

Maybe. But, it depends largely on whether or not you have a written contract with fixed employment terms within it.

It can be a little complicated (for the employer) when it comes to eligibility for health insurance, UIA, or other things, but generally, at will employees serve at the will...
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1 Answer | Asked in Business Law and Employment Law for Michigan on
Q: I am the Receptionist and Personal Assistant to the CEO of a clinic. The CEO assigned Closing notes to me

The CEO has told me to go into her login, correct the notes and then sign off of them electronically. These are patient notes. I discussed this with my former supervisor and she explained how this was illegal. I need advice as I’ve closed dozens if not hundreds of notes for her.

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2023

I think you need to address your concerns to your current CEO. Your CEO may be unaware that what she's asking you to do is unlawful, and will hopefully appreciate you bringing this to her attention. She may also know it is permissible and be able to explain to you why it is. Either way, your... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Can an employer refuse to pay for my medical bills if I have a seizure at work and they call an ambulance?

This was a few months ago but I wasn’t going to fight it cuz I assumed they were right but my ambulance bills are just piling up because I can’t afford them. They said they aren’t paying for it cuz it’s not a work related injury. The job is a restaurant that’s not a union (as far as I know)

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

Had the employer not called an ambulance it might be a wildly different situation and then you might have a cause of action against them. If it helps, imagine if you called an ambulance on behalf of someone, and they asked you to pay for it for simply making a phone call. That could serve as a... View More

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1 Answer | Asked in Employment Law for Michigan on
Q: My employer askes me to start early to get my work station set up and be ready for the day. I don't get paid for that
Brent T. Geers
Brent T. Geers
answered on Jan 10, 2023

Ways to resolve: 1) speak to your employer about this concern, letting them know how long it would take you to be ready for the day. 2) Failing that, consider whether an extra 10 minutes a day is worth losing out on a job.

I think you have a legitimate concern, don't get me wrong. I...
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1 Answer | Asked in Employment Law for Michigan on
Q: I was fired for a random drug test and denied my unemployment.? My result was giving to me two week after testing

What are my options

Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

Probably limited. Even if you can prove the test was wrong (you'd have to get your own independent test), there's nothing to make them hire you again. You may want to pursue an appeal to the UIA to see what they say.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... View More

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

You may be able to work with an employment law attorney on a contingency basis, meaning that if you win the case or are able to settle, the lawyer's fees come out of the money awarded to you, but if you lose in court, you don’t owe the lawyer any fees. You may have a case that a... View More

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1 Answer | Asked in Employment Law for Michigan on
Q: is it legal for a company to change your pay date in the middle of the pay period without notice?

normally i work thursday-sunday and get paid that monday. this past friday we found out (literally overheard the managers) that payroll was going to be messed up and we weren’t getting paid monday. my managers/HR/owner has not said ANYTHING about how or when we will be paid. other than “if you... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 28, 2022

This will likely depend on the length of the delay in receiving the payment. Generally, employers can change their payroll schedule without notice (ex. changing pay date from Mondays to Fridays), but there may be payment deadlines imposed by Michigan state law that your employer cannot exceed.

1 Answer | Asked in Employment Law for Michigan on
Q: Fired because some was sore I wrote them up and complained to GM.

For the 4 years I have worked at Menards Inc. I have not had any performance or attendance issues. I am a 1st assistant and this past Sunday I wrote up a fellow manager under me for poor job performance. He was irritated. The Saturday before we were playing around and he joked with me about... View More

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Really hard to say given the limited facts.

Generally, absent a contract or a union agreement, employment in Michigan is "at will". There is limited protection against firing, but retaliation may be a legitimate issue to address. Your problem, though, may be that by your account,...
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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

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Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

The analysis may need to begin with the question - did you obtain a Title VII religious exemption from an employer's vaccination mandate? If so, the next question would be whether singling you out for testing may be a form of harassment or retaliation and not the required accommodation under... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

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Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

I don't believe there is anything suspect about this procedure, more information could tip the scales. The EEOC has published guidance on this and on mandatory vaccinations.

I would be curious to hear what an infectious disease physician would say. But from my perspective, on the...
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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal for a trucking company to refuse employment to a driver if they are over a certain weight?

The trucking company is out of Oklahoma. This person is physically able to perform all required job duties and have passed a DOT physical

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

That's an interesting question, and possibly. Michigan does offer protection, via statute, from weight discrimination. An Oklahoma company, operating in Michigan, might fit under Michigan protections. It might not though.

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