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Michigan Employment Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Employment Law and Products Liability for Michigan on
Q: Ok, my mom sold for Paparazzi Jewelry, under the guise of it being hypoallergenic, as well as nickle AND lead free;

She found out that it was a lie. They had nickle AND lead, and some have reported the lead is toxic. Now, I know MLMs are extremely hard to catch, but they tout these jewels, necklaces, bracelts, etc as LEAD AND NICKLE free to ALL consultants, AND customers. Is there ANYTHING my mom can do to sue... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Nov 29, 2021

This sounds like a breach-of-contract claim. The devil is in the details, and there are more details than I can list in this format. Who would be the defendant? Is there a written warranty by the seller regarding the merchandise? Where is the defendant? Is there jurisdiction here in Michigan?... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I gave four week's notice to my employer as I found a new role at another company, last day 12/15. My current employer

phoned by new employer and asked that they move my start date to 1/1 as my current employer wants me to continue working on a project. My new company is an offshoot of my current company, i.e. they are completely separate legal entities but because of the relationship many of the people know one... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 23, 2021

Is it legal? Depends on the outcome you are hoping for. They obviously can't make you continue working. Do you have a separation agreement?

In all honesty, with the relationship between the companies, why rock the boat?

1 Answer | Asked in Employment Law for Michigan on
Q: If a federal back ground check ask if you have been convinced of misappropriation is retail fraud considerd misappropria

Been employed 19 yrs now employer is mandating a federal background check. It ask if you ever been convinced of misappropriation or misappropriation of funds. If I have a retail fraud conviction 7-8 yrs ago do I need to disclose that in this part of the form? I would rather not mention it at all.

Brent T. Geers
Brent T. Geers answered on Nov 10, 2021

Misappropriate would must often mean embezzlement, not necessarily retail fraud.

2 Answers | Asked in Employment Law, Gov & Administrative Law and Public Benefits for Michigan on
Q: Got a notice from the State of Michigan Unemployment Department- please help!

I got a letter from the Michigan Unemployment Office saying a “question of eligibility and/or qualification has been raised on a claim in which you are an interested party”. The dates they want proof of income on range from 3/2020 all the way to 5/2021.

If I got unemployment benefits... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2021

You really need to speak to a lawyer soon, and preferably before you respond to the request for information. Whether criminal charges arise may depend on intent.

Just remember: there's an old tale that says it's not the act itself that gets us in trouble; it's often the...
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1 Answer | Asked in Employment Law for Michigan on
Q: Can a former employer ask for money back? After they discovered they over paid me when I worked there.
Brent T. Geers
Brent T. Geers answered on Oct 21, 2021

Yes. And in fact you may have an obligation to pay it back if it was unearned.

1 Answer | Asked in Employment Law for Michigan on
Q: Hello I had a question

I had a lawsuit and won never met the lawyer and didn’t really know how much I was getting only what he told me,is there any way I can really find out

Brent T. Geers
Brent T. Geers answered on Sep 17, 2021

If you were represented by an attorney, you should contact that person's office for details. Typically what happens in a settlement is that the party making payment sends a check to the recipient's attorney, made out in both the attorney's and the recipient's name. That check is... Read more »

2 Answers | Asked in Business Law and Employment Law for Michigan on
Q: Can I work for a staffing agency internally and as an employee contracted out by the agency to a client?

I work for a staffing firm that does payroll/hr/admin contracting for a large client. I’m a corporate employee who manages the hr system for both the staffing agency and the client, in the past I managed payroll for both companies as well (the contracted agency employees and the direct client... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

As a practical matter, I'm not sure it's to either company's benefit for you to manager HR for the both of them. Payroll is another matter, which I don't think is much of an issue.

The arrangement is likely legal; "best practice"? probably not.

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2 Answers | Asked in Employment Law and Employment Discrimination for Michigan on
Q: An individual verbally harassed and physically threatened me at work -& there's video evidence. What are my options?

The individual that harassed me continues to work there, and creates a hostile environment.

Eva Zelson
Eva Zelson answered on Sep 17, 2021

It’s good that there is hard evidence in the case, rather than a case of he said she said. The first step is to document with the HR department at your company. Hopefully your employer will take steps to ensure that this does not happen again. If they do not, you will have a compilation of... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: can atty help me write constructive discharge letter to my employer?

employed as a gate keeper at gated condo in ST Clair Shores Mi a condo owner was drunk and tryed to ram me hood to hood fortunatell he came nose to nose he got out and laughed in my face previously my boss ron said Ishould watch my back so he knew he was dangerous

Brent T. Geers
Brent T. Geers answered on Sep 7, 2021

To what end would such a letter serve? If you wish to find a different job - which I wouldn't blame you if something like that happened - would they object to you receiving unemployment?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Michigan on
Q: travel employee, injured while not on site. what can i do.

traveling mechanic for BAE systems from kansas working in michigan. at some point in the last 9 months i developed a hernia and cannot point to any specific event that caused it. I am basically being told go home and handle it while unemployed. this sounds fishy to me and im looking for any other... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2021

A Michigan attorney could advise best, but your post remains open for five weeks. It's difficult for attorneys to reach out to you within the format of this Q & A forum. This doesn't operate like an attorney referral service. If you haven't already spoken with an attorney, you... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can a motion be filed for a labor relation suit under 25k be transferred to a court of competent jurisdiction?

The case is under 25k of the jurisdiction limit of the circuit court and I would like to know if it can be transferred instead of being dismissed?

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Seek an attorney. Civil law is not intuitive - there are a lot of rules and procedures you need to follow just like an attorney; you cannot succeed on merit alone. And it's not about being competent: lawyers spend years in school, and even longer in practice mastering all the rules and... Read more »

2 Answers | Asked in Employment Law for Michigan on
Q: Do I have any recourse against my employer for firing me for not getting the covid vaccine?

I have a medical condition that should be a contraindication to the vaccine; however, my employer disregards this and any other medical condition in their mandate of the vaccine. Should I resign or let them fire me? And do I have any recourse against them for it?

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

You are in relatively uncharted waters. You may have an interesting case. But your biggest concern now should be what you are going to do to make ends meet between now and whenever your case gets resolved, which could be years.

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1 Answer | Asked in Employment Law for Michigan on
Q: Can I sue for an employer neglecting my herrastment complaint?

Two coworkers were overheard conspiring to get me fired. I filed a complaint, and they told me to let it go.

Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

If your employer has not fired you, as your complaint alleges is the conspiracy, I'm unsure what damages are that you would be seeking from them. And what did you expect the company to do with your complaint? This is definitely a case of picking your battles. You filed a complaint, the... Read more »

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Employment Law for Michigan on
Q: I was injured at Ford Motor Co in Feb, 2017. Completed surgery on leg and knee. Not on back. Attorney said June 2020, MY

CASE IS TOO NEW TO BE HEARD.

It's been over 2 years. Where do I go from here?

Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

Workers comp claims take awhile. Your attorney probably knows very well the timeline and process. You could consult with another workers comp attorney, but they may tell you the same.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I was promised a 250 bonus for starting work. I was let go because of suspicion of marijuana and never received my $250
Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

First, look at the terms of that bonus closely. It may say you need to work a certain period of time before receiving the money. Second, if they are unwilling to give you the bonus, you may need to take legal action, but I would think twice about going to court for $250 when you were fired for... Read more »

2 Answers | Asked in Employment Law for Michigan on
Q: Can I work for a competing company if I signed a Non-Compete for an LLC that I am not employed under within my company?

I work for [Company] Investment Fund III, LLC (Michigan). When I was on boarded for my job, I signed a NDA/Non-Compete agreement that applies to a different [Company] Investment Fund, I LLC (Pennsylvania) but under the same parent company. It states that  I cannot work for a competitor in the... Read more »

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

Best advice would be to run the documents you have by a local employment attorney. But courts often don't favor non-compete clauses, especially when you are not actively taking business or clients away. And I think a lot is to be said that if a dispute arose, the court may be inclined to apply... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: If training on a cash register and mistakes were made can my employer hold my check untill I give them money

I had no money to give so they cashed my check and just took my money with seemingly nothing I could do about it

Michael Zamzow
Michael Zamzow answered on Jun 6, 2021

Subject to your consent, and perhaps some other information not given here, your employer may not deduct your wages for a short cash register (till). If this happened recently, you already have less than 1 year to file a complaint.

The State of Michigan has what's called the Department...
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2 Answers | Asked in Employment Law for Michigan on
Q: Is there a legal obligation to notify an employer (privately owned company) when I resign where I am going to work?

It’s a salon and they have said that I cannot leave to work for another salon (within 6 miles).

Brent T. Geers
Brent T. Geers answered on May 20, 2021

Was this restriction in writing? If not, I'm not sure how they could enforce anything. If so, you may want to consult an attorney. But generally, courts disfavor restrictions like this, allow they will stand in some cases.

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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can employers make you get Covid shot? Feeling singled out, belittled, bullied.

My daughter has had Covid, works in Mi and her and another not wanting shot at this time in their life. What are the rights protecting from being forced? Does this medical info (personal) fall under hippa being told by boss that it does not? Can I get fired for not having Covid shot? MI is at will... Read more »

Carrie Dyer
Carrie Dyer answered on May 19, 2021

You are correct that Michigan is an at-will state. Her employer can mandate that she get the COVID vaccination, unless she has a medical or religious reason for not wanting to do so. If either of those apply to her, you should contact an employment law attorney in your area to discuss her rights... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: Company keeping vacation time. Is this legal?

Company is based in Florida. Company asked employees to take vacation time (without taking days off) last year to “get the dollars off the year end books” with a promise to make it up to employees post-pandemic. Just announced everyone who gave up time will get 2 additional days this year, but... Read more »

Michael Zamzow
Michael Zamzow answered on May 3, 2021

From the employee's perspective, it depends. Generally the employer and employee can agree to modify the employment relationship anytime.

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