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Michigan Employment Law Questions & Answers
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

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

This depends on the employer's reasoning for not hiring the individual. If, after passing all required tests, the employer still believes the employee isn't able to perform the job due to his or her weight, then the individual should reach out to a Michigan employment attorney to discuss... View More

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1 Answer | Asked in Employment Law for Michigan on
Q: How long will a company usually give you to pay back a relocation allowance if you leave before a year?

My son took a job and got an 11,000.00 relocation package. He used it. He is leaving at 10 months because he was afraid his job was being eliminated and had been offered a much higher paying job. They told him at his exit interview he owes the entire amount back and they are garnishing his entire... View More

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2022

Everything you write seems plausible. I don't think there is a way it has to be done. If the employment agreement was for him to receive $11,000 on condition that he stays at least a year, then I think the company has a right to demand at least some of it back. I suppose you could argue that... View More

1 Answer | Asked in Employment Law for Michigan on
Q: After telling me the working hours for a job I said sure I can work them but I have religious observation one Saturday a

Month, she then told me I would not be a good fit around here and then she ended the call.

This is religious discrimination right?

Brent T. Geers
Brent T. Geers
answered on May 30, 2022

Unlikely. From your question, it sounds like you were still in the interview stage. You offered - they didn't ask - a reason why you couldn't work the hours they wanted you to work. Their reason for not hiring you may be entirely due to your unavailability for the hours they need you,... View More

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does a job need parental consent in order for a minor to be employed?
Michael Zamzow
Michael Zamzow
answered on May 24, 2022

It's probably not entirely helpful to send you to read a statute, but there is a pretty helpful website from the State of Michigan that discusses the boundaries of the Youth Employment Standards Act (YESA). It doesn't appear as though a minor 16 years or older requires a parent's... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Our handbook states need of 2wk notice to quit to get paid PTO. My employee gave 8 days notice in MI. She says I owe her

She told our Manager and asked her not to tell us because the employee said she’d tell us. When she told me over the phone, after working together for the whole week, it was 8 days notice. I feel since our employee handbook states 2 weeks required to get paid out PTO, I’m being just. She’s... View More

Brent T. Geers
Brent T. Geers
answered on May 23, 2022

You may be justified in your stance, but is it worth it to the company to defend against a court action.

Here's a thought: how about deducting the daily value of the PTO for each day short of 2 weeks notice and see if she'll agree with that?

You really should make this...
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1 Answer | Asked in Employment Law for Michigan on
Q: What are the legal consequences for an employee who houses a patient in their home that they are not related to?

I recently found out that an employee who works in a health center (located within a high school) currently has a student living in their home. There is not blood relation to the student and no legal documentation indicating the employee has guardianship or can care for the student. The student is... View More

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

My first question is what does this have to do with you? If you are not the employee in question, or that person's employer, or this now adult, I'm not seeing a question. It's possible the employee has (had) a power of attorney signed by the student's parents. Of course now that... View More

1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I believe I was retaliated against by my employer
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

How? And?

1 Answer | Asked in Employment Law for Michigan on
Q: I spent 40 hours of online training before working at my job. My pay is $16/hr but I only earned $90 for the training.
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

What is your question? Were you notified about that money and agreed as a condition to start employment?

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: I can't schedule an interview with EEOC they are booked for months. What can I do?
Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

I assume you filed a complaint? Not much you can do except wait.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me see their dr for ada covered disability, if my primary has already provided documentation?

Hi. I have been working remotely for over 2 years and found it helps with some of my ada disabilities (asthma, adhd, and anxiety) which allows me to preform my job better. When they stated we will have to go back into the office; I identified these disabilities to my employer and make a verbal... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

Yes. Your doctor may be able or willing to offer a contrary opinion. Then the issue becomes which doctor is right.

1 Answer | Asked in Employment Law and Sexual Harassment for Michigan on
Q: So unemployment finally got back to me after a yr of waiting and and wants to throw my whole case as voluntary quit.

When It wasn't how do I go about this ?

Brent T. Geers
Brent T. Geers
answered on Mar 27, 2022

You can appeal. Seek counsel of an attorney familiar with the unemployment administrative hearing system.

1 Answer | Asked in Employment Law for Michigan on
Q: Is forcing waitresses to pool tips with the owner illegal
Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

That is a tough answer to pin-point without a more exact question.

Michigan defaults to the FLSA, and the section 3(m) changes promulgated in the Consolidated Appropriations Act of 2018 (CAA). This regulation was finalized fairly recently, while I can't know exactly what you're...
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2 Answers | Asked in Employment Law for Michigan on
Q: I was unfairly demoted due to false documentation presented by my supervisor. this has affected my pay. Is this a case?

It was proven the documentation was false because I held a meeting to see what was in my personal file and it was proven that she lied about the the amount of documentation she said she had.

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2022

How can you prove the documentation is false? Even if you can show a material fact is wrong, there is probably still policy provisions that your supervisor's opinion matters.

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1 Answer | Asked in Employment Law for Michigan on
Q: My former employer only pays using direct deposit and paycard but I can't access their online system anymore.

I signed up for direct deposit when I first started but it didn't work. Now I no longer have access to their online HR system so I cannot sign up for their paycard, either. They don't issue paper checks and don't accept paper forms or phone calls regarding payroll issues. What can I... View More

Michael Zamzow
Michael Zamzow
answered on Feb 23, 2022

Let them know the situation, and ask for a paper check. If that fails it is conceivable you could file with wage and hour division in Michigan.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Michigan on
Q: I work for F.O.E. in Michigan. The Trustees are constantly making sexual comments and actions while I'm working.

My hours have been cut since I don't respond to their advances. There is no HR Dept. I'm unsure what to do about it..besides job hunting. Who can help me?

Brent T. Geers
Brent T. Geers
answered on Feb 18, 2022

You're in a tough spot. Is there a state-level office you could contact? You might want to start there.

1 Answer | Asked in Employment Law for Michigan on
Q: Can an employer force a sit down meeting with a colleague that harassed you?

I reported harassment by a colleague last fall. Colleague received a scolding. We continue working in same building with little to no contact. Now my supervisor is requiring a sit down meeting with said colleague.

Michael Zamzow
Michael Zamzow
answered on Feb 15, 2022

I would think about this pragmatically. If you refuse, will you lose your job? Maybe. Would that be lawful? Maybe not. It might depend on the type of harassment and degree. It might depend on your employer's role in the matter.

You'll need to call a few attorneys and discuss the...
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1 Answer | Asked in Employment Law for Michigan on
Q: Can you sue a company for not hiring you after they made you get the vacine to work

My fiance went to work for a place and did the interveiw. It went good and they wanted to do oriantation but needed her to get the covid vaccine. While she was in the process of getting the vacine the hr lady that was hiring her got fired. Since then weve been trying to contact them for a week. I... View More

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2022

Doubtful. No one "made" your fiance get the vaccine. She got as a condition to secure a job, and could have refused the vaccine and the job offer.

The bigger issue is whether it's actionable that she was told she was being hired, and then found out otherwise. That may be...
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2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

If you were an employee, maybe this is a wage and labor issue?

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1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: What are the terminating businesses' limitations as far as taking fired employees off campus?

When I was put on leave pending termination, an off duty campus police officer was waiting to drive me home. I didn't have a driver's license due to seizures. The VP who fired me said they set up a ride home due to my condition. I said I'd rather my wife, who worked a mile away,... View More

Brent T. Geers
Brent T. Geers
answered on Jan 28, 2022

If your wife worked on campus, then I think the university had a right to escort you off campus and not to your wife's office. Whether you were falsely imprisoned is a bit more complex of an issue. I suppose you could have said you want to be dropped off across the street from university... View More

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