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COVID-19 Michigan Employment Law Questions & Answers
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 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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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... View 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... View 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... View 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 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... View More

Jay D Mukerji
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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... View 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... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... View More

Kyle Anderson
Kyle Anderson
answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... View More

Jeff Herron
Jeff Herron
answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer furlough me due to being high risk during the COVID-19 pandemic in Michigan?

My employer said they are going to furlough all parttime employees and 1 full-time employee. They asked for volunteers. Another employee, with less seniority, volunteered. Then my employer told me that because of a previous medical condition I need a note from my doctor stating I am not a... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 12, 2020

While your employer can prevent you from coming to work if you've been diagnosed with COVID-19, it cannot treat you differently or require any further documentation from you based on any medical condition that could put you at greater risk for COVID-19. If your employer furloughs you instead... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Currently on unemployment, Granted LOA from employer, for spouse health issues. Company wants me on FMLA.

My wife has severe asthma issues,and severe rheumatoid arthritis. I took the LOA because of covid 19,contracting and bringing it home is a major worry. Im a truck driver that travels to Illinois,indiana and thus come into contact with people from other states where our truck terminals are located.... View More

Brent T. Geers
Brent T. Geers
answered on May 6, 2020

Great question! FMLA could preserve your job longterm. However, you would not also be entitled to unemployment. Your compensation would come in the form of any sick time or other benefits your company offers.

What some people do not realize with the enhanced unemployment compensation is...
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1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer give more sick/personal time to "high risk" employees during the COVID pandemic?

I work for a large corporation that is considered essential through the pandemic shut downs. The company generously gave all employees an additional 80 hours of sick/personal time to cover any time off wanted or needed during the pandemic. If not used, the employee will be paid for those hours. It... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 29, 2020

Since your employer is a large corporation (500+ employees) and is considered an essential business, they are not legally required to offer any paid leave during this ongoing pandemic. Since there are no minimum standards here regarding how much paid leave employees are entitled to, your employer... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus

Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.

Greg Mansell
Greg Mansell
answered on Apr 8, 2020

You are not unemployed so you would not qualify for unemployment. The Family First Coronavirus Response Act provides for paid sick leave and paid medical leave for employers with less than 500 employees.

Generally, the Act provides that covered employers must provide to all employees:...
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1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: My girlfriend's job was shut down temporarily due to coronavirus in Michigan. She got denied unemployment.

She's a part time worker and got denied unemployment benefits because her wages for her highest quarter were just over $3,200 and she needed just over $3,700 to qualify. However, that number from her employer didn't include the tips she received. In order to have reached the $3,700 number... View More

Brent T. Geers
Brent T. Geers
answered on Apr 8, 2020

I'm sorry for your situation. Your girlfriend may appeal that unemployment agency decision, but unfortunately, that may be a longshot. You are spot-on about the wage issue. And money from extra jobs won't matter. It's the money from the employer you are seeking unemployment from that matters.

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