COVID-19 Michigan Q&A by Practice Area

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COVID-19 Michigan Questions & Answers
1 Answer | Asked in Child Support and Family Law for Michigan on
Q: In Michigan, Does child support start at birth, or when paternity is established, or when the paperwork gets filed?

I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 12, 2021

Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.

The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Does the CDC eviction moratorium apply to land contract forfeiture?
David Soble
David Soble answered on May 23, 2021

No. Land Contracts are not leases and occupants under a land contract are purchasers, not tenants. In either case, during the pandemic, the court dockets have long delays, so if you can work out a settlement with the other party to resolve your issues, it will benefit both sides.

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 Landlord - Tenant for Michigan on
Q: During the pandemic can a judge order the tenant to be out in 10 days cuz the landlord wants possession of property
Brent T. Geers
Brent T. Geers answered on May 6, 2021

Yes. There are specific criteria and a process to be completed to prevent eviction during COVID-19. And unless the tenant qualifies, evictions can still happen.

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.

1 Answer | Asked in Immigration Law for Michigan on
Q: Hi My parents 180 day entry on green card will be done in May.due to Covid in India and health can they travel in July

Both parents are over 70 years with heart and diabetic can they postpone travel till July?

Agnes Jury
Agnes Jury answered on Apr 27, 2021

If your parents want to stay longer than their authorized period right now then they should consider applying to extend their status (form I-539). If they stay longer without permission they will start accruing "unlawful presence" which will have negative consequences for them. However,... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Extending stay on a visiting visa due to pandemic

My parents are on a visiting visa to the US from India. They got here before the Pandemic started (December 2019) and was not able to travel back once the pandemic started because of their age and the travel risk. We waited for them to get their vaccinations and so had to extend their stay twice.... Read more »

Agnes Jury
Agnes Jury answered on Apr 23, 2021

The biggest risk in applying for a third time is that if your parents have a 10 year visa and their request to extend status is denied then their 10 year visa will be automatically revoked and it may be harder for them to get a new tourist visa in the future. There is no way to predict the odds of... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for an employer to fire a worker for catching covid and potentially exposing people on accident?

This is in Michigan. My friend was last in work on Friday and had symptoms starting Sunday the. called into work on Monday and hasn’t gone in since the Friday she left. She was fired on Tuesday for the reasons being “You caught covid and potentially exposed me and my family” they terminated... Read more »

Jay D Mukerji
Jay D Mukerji answered on Apr 21, 2021

I am sorry to hear about this situation. It is impossible to answer without more details. Without knowing all the details, At-will employment means an employer can fire a person at any time for any reason except an illegal one. There are numerous conflicting policies/laws at play, including... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Michigan on
Q: I was supposed to be in a court hearing today for an upcoming trial. Is it ok everything was changed 12 hours prior?

I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I am up to date on paying my rent. My landlord has called me saying he has a buyer for the house and wants me out

Does the covid act help me for more time on getting out?

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

It is possible there are pandemic related protections in place, but those are ephemeral and case-by-location.

Here are some key points to be aware of:

(1) If you have a lease, with a defined term (for example until July 1, 2021), it is likely the landlord CANNOT remove you for any...
Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Brent T. Geers
Brent T. Geers answered on Apr 2, 2021

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... Read more »

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for Michigan on
Q: Do I have a right to request termination of lease, before my move in date, if landlord is not responding to concerns?

Do I have a right to request termination of lease, before my move in date, if no one is responding to these concerns? I found pests(bedbugs) of what I believe to be an infestation as I was cleaning the unit. I have proof and I’ve contacted the agent and the Property Manager and sent them... Read more »

Michael Zamzow
Michael Zamzow answered on Mar 31, 2021

There's quite a lot of misconception around landlord and tenant laws. The Michigan Landlord Tenant handbook should be easy to find and will have some helpful information in it.

Anytime you break a contract, with a complete defense or not, you're risking retaliation (balance that...
Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... Read more »

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1 Answer | Asked in Civil Litigation and Medical Malpractice for Michigan on
Q: I was invited abroad as one of three finalists for a lucrative job. My doctor's office gave me the wrong COVID test.

The potential employer paid for my ticket. I was informed at the check-in counter that I wasn't allowed to fly because I had received the wrong COVID test. I went through four rounds of interviews to get to the finalist stage. When they found out I couldn't fly, the organization... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 24, 2021

Interesting facts...I think the damages would be a bit speculative: as you stated, you weren't guaranteed the position, and otherwise suffered no expense (other than time, etc.). And even if you were able to overcome that hurdle, I would think those damages would be mitigated by your current... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: f1 un till April 2022 student had I130 approved F2b category if chose AOS processing vs Consular can he travel Canada?
Agnes Jury
Agnes Jury answered on Mar 24, 2021

The AOS applicant/student would have to submit an application for Advance Parole (form I-131) at the same time as the AOS and wait until the Advance Parole (i.e. permission to travel) is granted BEFORE travelling outside the U.S.

If the AOS applicant/student travels without Advance Parole...
Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I sue a hospital for discrimination?

I spoke to a few attorneys who told me that the law protects drs during this period due to COVID 19 to an extent anyway, however I am curious if they are protected against discriminating against their patients also? I was very clearly neglected and discriminated against but I can not get anyone to... Read more »

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

Not sure you have a discrimination case so much as you might have a malpractice case. Your question does not make clear how you believe you were discriminated against; it sounds like the ER doctors made a medical decision. Whether opting not to perform surgery was the right call is something only... Read more »

1 Answer | Asked in Health Care Law for Michigan on
Q: Can my employer (a hospital) ask me if and when I got tested for covid? If yes, do I have to answer?

Can they access my medical records to find this information?

Michael Zamzow
Michael Zamzow answered on Mar 15, 2021

The Equal Employment Opportunity Commission recommends employers ask employees why they refuse to answer or cooperate, an employer like a hospital is probably equipped to discuss the subject with you. However, under the circumstances existing currently, the ADA allows an employer to bar an employee... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
Frank B. Ford answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: about dismissal on eviction notice?

My landlord dismissed the case and is harssaing me about someone coming over her on feb 3 to put me out, cane she do that?

Michael Zamzow
Michael Zamzow answered on Feb 2, 2021

A little more information is necessary. But, if (1) your landlord provided the notice to quit, for whatever reason, and (2) waited the requisite number of days, and (3) then filed suit against you for eviction, but then (4) voluntarily dismissed the case against you. Then it sounds to me as if,... Read more »

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 »

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