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Michigan Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer reverse a direct deposit from my account without my authorization
Trent Harris
Trent Harris
answered on Oct 24, 2018

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... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does the Equal Pay Act protect someone after their employment has been terminated?

I (a woman) was fired from a short-term position with an organization due to “merging departments” and my replacement (a man) was hired at a higher pay rate than me (by $800/month) despite having the same responsibilities and less experience than I had when I held the position. Do I have a case... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2018

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.

1 Answer | Asked in Employment Law for Michigan on
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

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 that I am not a permanent employee but a contractor. I am being paid an hourly wage, work at their offices, using their equipment and told what work to do and when it has to be... View More

Trent Harris
Trent Harris
answered on Oct 10, 2018

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... View More

1 Answer | Asked in Employment Law, Business Law, Intellectual Property and Internet Law for Michigan on
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?

I was working for a pharmaceutical wholesale distributor in mi. I had a 1 year non compete agreement. I was fired 8-17-2017 and my non compete ended 8-17-2018. Two months after the non compete ended, I noticed that the owner of the company was sharing files with me via onedrive (a file sharing... View More

Trent Harris
Trent Harris
answered on Oct 7, 2018

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... View More

1 Answer | Asked in Employment Law for Michigan on
Q: I am a home health aide. My employer disclosed my medical information to a client I work with is that legal?
Trent Harris
Trent Harris
answered on Sep 17, 2018

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... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my company suspend me based on allegations of another employee concerning there personal property
Trent Harris
Trent Harris
answered on Sep 17, 2018

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... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Law and Workers' Compensation for Michigan on
Q: Is the severance offer fair and should I sign it under the circumstances of my release after 12 yrs employment.

It is not in line with another employees that I asked confidentially. They received one week for every year of service. I was only offered 4 for 12 years. There are many circumstances leading up to the company saying they accepted a resignation, I never gave and I repeatedly told them that.... View More

Marlo Bruch
Marlo Bruch
answered on Aug 27, 2018

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.

1 Answer | Asked in Employment Law for Michigan on
Q: Recourse for Failure to Notify of Non-Renewal of Contract/Past Practices Question - Union CBA

My wife is currently in a union contract dispute with her employer, a local college. The complaint is that the union CBA that my wife is covered under states that if the college is not going to renew an employee's contract they must be notified in writing with an explanation by March 1st. My... View More

Marlo Bruch
Marlo Bruch
answered on Jul 13, 2018

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.

1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer hold my Pay check pending an invitation. It's been 3 weeks no letter no call no check.

I was suspended then fired didn't know why until my pay check didn't post that following week. Then I was told that they're holding my last check pending an invitation and the cops would contact me. I asked for the detective on this case phone number they were very rude about i and... View More

Marlo Bruch
Marlo Bruch
answered on Jul 2, 2018

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can I sue for discrimination on a background check?

I have no felonies on my record that the public can see. That means it won’t come up on a background check whatsoever. But I received a call and the persOn conducting the report asked me about something that happened back in 2015 which was literally dismissed by my judge and i was removed from... View More

Brent T. Geers
Brent T. Geers
answered on Jun 1, 2018

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,...
View More

1 Answer | Asked in Employment Law and Immigration Law for Michigan on
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?

Will my OPT EAD get invalid, or will there be any problem when extending my OPT EAD after a year ( I have STEM degree) if I use TPS EAD to work?

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

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.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Michigan on
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?

unknown injury- blow to abdomen and ribs

Told mother and landlord the true story; also girlfriend. It's been three days. I just didn't want to jeopardize my new job because they've been known to fire after injuries.

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

You made things tough for yoruself. Contact a member of the Michigan Assn for Justice that handles comp claims--they give free consults.

1 Answer | Asked in Employment Law for Michigan on
Q: My work just demoted me for not being able to work as hard because of doctor restriction. I have a herniated disc

The injury in question did happen at work but I didn't claim it under workman's comp because the company was worried about their safety rating. I am a salaried employee as well are they allowed to do this?

Marlo Bruch
Marlo Bruch
answered on Apr 24, 2018

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... View More

1 Answer | Asked in DUI / DWI and Employment Law for Michigan on
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?

The boss is temporarily working in US office from the headquarter in Korea. He doesn't take it seriously about DUI.

Jasmine D. Rippy
Jasmine D. Rippy
answered on Apr 17, 2018

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... View More

1 Answer | Asked in Criminal Law and Employment Law for Michigan on
Q: zero tolerance drug policy in the workplace- what to do when you live with someone who smokes weed

would i get in trouble at my job if somehow the police were to find my roommates weed and they accepted responsibility?

Brent T. Geers
Brent T. Geers
answered on Apr 5, 2018

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... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Information retaining an unbundled attorney or legal aid . I was terminated. I need to write a response to a motion

I was recently terminated from Board of Education as a teacher for refusal of drug testing. I have filed a letter of appeal to the Teacher Tenure Commision and the District file a motion of dismissal. I was informed by the Judge to write a response to the motion of dismissal. I need guidance in... View More

Marlo Bruch
Marlo Bruch
answered on Mar 6, 2018

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... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Can I be terminated for recording a plant meeting?

I recorded a interview that I was a party to can I get terminated?

Marlo Bruch
Marlo Bruch
answered on Feb 5, 2018

In Michigan, there are laws that if a person is not part of the conversation, that the others being recorded have to give consent. If you have concerns, I recommend you contact am employment attorney in your area.

1 Answer | Asked in Employment Law for Michigan on
Q: I quit my job, now they stopped my payment for my last bonus for our previous quarter, for work I've already done.
Marlo Bruch
Marlo Bruch
answered on Feb 2, 2018

I recommend that you contact an employment attorney in your area. If this is from Michigan, you can contact the Office of Wage and Hour to see if you can file a claim to recover payment.

1 Answer | Asked in Employment Law for Michigan on
Q: I have been offered a position as an employee...am I?

The offer is $30 per 1 hour of service. 15 min uncompensated clean up time per service provided. The agreement is for 30 hours of providing services. If there are no services booked I don't get paid. They insist I am an employee.

Marlo Bruch
Marlo Bruch
answered on Jan 20, 2018

I recommend that you contact an employment attorney in your area to review the agreement and go over the facts of your case. More information is needed to determine your employment status.

1 Answer | Asked in Employment Law for Michigan on
Q: I was recently fired from my position as an over the the road truck driver. Prior to being fired, I asked my employer

Through several text messages if they would install a bunk heater or an APU which is an auxiliary power unit seprate from the tractors engine so I wouldn't have to idle tractor in order to stay warm.

Trying to sleep in a vibrating tractor with noise after driving sometimes over a... View More

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2018

Based on what you tell us here - which is not the only story the administrative law judge will hear - you may have a valid claim for benefits. The trucking industry in general though is filled with a lot of quirks that ultimately may mean that your claim is not as clear cut as it may seem.... View More

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