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COVID-19 Michigan Questions & Answers
1 Answer | Asked in Immigration Law for Michigan on
Q: I applied for my husbad i130 on January 2018,does the immigration ban include him??his case at the NVC

They send an email yesterday saying that they will schedule an appointment for his interview.? Is he allowed to issued a visa??

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

Yes, all immigrant visas that have yet to process at the consulates are suspended until further notice. However, the suspension can be lifted this month depending upon the discretion of the President. The challenge is that the President can limit interviews based upon the current epidemic, so he... View More

1 Answer | Asked in Federal Crimes for Michigan on
Q: What is the process of getting a motion filed for a federal prisoner to be released due to the covid 19 situation?
Brent T. Geers
Brent T. Geers
answered on May 22, 2020

You will really want to get with an attorney who practices in federal court. I would also suggest contacting the person's prior attorney or the federal defenders office.

Just don't get your hopes up. If the person is not close to completing the sentence, or is otherwise healthy...
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2 Answers | Asked in Personal Injury for Michigan on
Q: Can I be forced to take a coronavirus testing just to have a medical procedure done?

I don’t think I should be forced because I’m not sick I don’t have to be tested when I go to work and to me it’s a forcible action to be able to track you and follow your whereabouts in quarantine you you don’t think that’s a overreach of government

Brent T. Geers
Brent T. Geers
answered on May 18, 2020

Likely yes. The medical professional could refuse services if you don't, unless it's an emergency situation. I'm not sure what benefit you'd receive by refusing. The procedure you receive could be compromised because the doctor doesn't have a complete picture of what is going on.

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: can my spouse cut me off of my accounts for money? Amidst travel during covid, he left me with no means to survive

We have been separated for years but been very cordial unless/until he dates this women years younger then him, then he starts spending everything he makes. I’m a stay at home mother to 16 year old triplets. I never spent any money on myself from accounts, only for bills and kids. I was traveling... View More

Kent Wood II
Kent Wood II
answered on May 14, 2020

If you are a named account holder, no one can take your name off the account without your permission. BUT, any account holder can empty the account and then take their name off the account or just stop making deposits to the account.

It is difficult when it is "from out of...
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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 Child Support for Michigan on
Q: MY SON GOING THROUGH A BAD CHILD SUPPORT , THEY KEEP PUSHING COURT DAY BACK CAUSE OF THIS COVID-19, THE STATE OF MI.

THEY HAVE TAKEN ALL HIS MONEY DISABILITY CHECK, UNEMPLOYMENT, STITULMUS CHECK, FOOD STAMPS, HE IS LIVING WITH ME NOW ALL FOR CHILD SUPPORT, WHAT CAN BE DONE, HE HAS NOTHING.

Brent T. Geers
Brent T. Geers
answered on May 12, 2020

I take it this is a new support order or a modified one, to which your son objected. Now he's waiting on the hearing. Unfortunately, there is not much that can be done. At the hearing, if the court agrees with his position, there could be an argument made that whatever amount ordered should go... 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 Consumer Law for Michigan on
Q: Trying to receive refund from my child's preschool due to school shutdown for covid-19

I know these are unprecedented times we are all going through but long story short my son's baby and me program put on by a local independent preschool has been canceled since mid MarchI've contacted them asking for a refund for the days the school was not open since we paid upfront back... View More

Mark Bredow
Mark Bredow
answered on May 5, 2020

I think that you would be hard-pressed to get a refund. First, read the agreement carefully. You have to look to see if there are any provisions that assign the risk of missed days? The agreement states that you have to pay for days that your child is not there. Many contracts of this kind have... View More

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

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant stopped paying rent and water. During the virus, what can I legally do in Michigan?

I am a landlord who has a tenant that missed his payment for this month. That tenant is also violating the lease agreement by having way too many people living at that house and smoking marijuana. My question is am I able to start an eviction process after April 17th or did the date change with the... View More

Brent T. Geers
Brent T. Geers
answered on Apr 16, 2020

I believe that date is extended with the new executive order. Keep in mind that even if you were to file, it will be some time before a hearing happens. Unless you have a police report, it sounds like you'll need to do a 30-day notice to quit for the lease violation, only after which the court... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: Hi. So i am on sobriety court through royal oak for a dui. Due to corona virus and testing suspended.

My testing has been suspended as of today due to corona virus. My probation officer just sent an email saying my testing has been suspended for now and when the time comes i can take a hair or blood test. Is this legal?

Brent T. Geers
Brent T. Geers
answered on Apr 14, 2020

Yes. Your participation in sobriety court is voluntary (I realize that it may not have seemed like it when you plead). And as part of your continued participation, you agree to a number of conditions and waiver of some rights. Most important, you are subject to the reasonable demands and... 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.

1 Answer | Asked in Health Care Law for Michigan on
Q: In Michigan can I record a nurse or doc discussing my parent care if I told he/she I was recording this conversation?

In Michigan how do I protect my parent from any wrong doing in a hospital when I'm not being allow to see parent or be with him due to COVID19 epidemic which my parent is (-) at moment?

In michigan how do I properly audio record any conversation legally over phone or in person?... View More

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2020

In the current situation, health care facilities have great latitude to determine ways to best protect patients and staff. And in most cases, that starts with restricting visitors.

Is your parent able to communicate at the moment? If so, then it's them that would need to give or get...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: We are in a chapter 13 and I'm wondering what will happen to our stimulus check? Considering Michigan shutdown.

My job put me on layoff a week before the shutdown here in Michigan and now our shop is closed like many others. My husband is still working as he is a mechanic but that is a unknown as to how long that will be as its based on business and if there isn't any then he wont be working. So with... View More

Trent Harris
Trent Harris
answered on Mar 26, 2020

You're probably in luck! Sect. 1113 of the CARES Act, which was just passed by the Senate, says the definition of “income” in the Bankruptcy Code for chapters 7 and 13 will exclude coronavirus-related payments from the federal government from being treated as “income” for purposes of... View More

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1 Answer | Asked in Family Law for Michigan on
Q: I have a question about court ordered visitation after the issue of Stay At Home order.

My husband and I are 68 and 69 years old. My husband has an autoimmune disease that affects his lungs...Wegeners Granulamatosis. He also has partial paralysis due to a stroke. Our son and 4 year old grandson live with us full time. Our son has sole custody of our grandson, legal and physical. Our... View More

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2020

Family law attorneys' phones are ringing off the hook with just this sort of question. The latest order expressly provides that people may travel to facility court ordered visitations. And in fact unless ordered otherwise, existing parenting time orders remain valid and enforceable.... View More

1 Answer | Asked in Child Support for Michigan on
Q: In what way would a lockdown affect my child support case?
Brent T. Geers
Brent T. Geers
answered on Mar 24, 2020

Nothing will happen with existing orders at this time. To the extent that an order exists and is subject to income withholding, and the payer is not working because of the pandemic, I imagine that some relief will be forthcoming. How and what that looks like will remain to be seen.

If there...
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1 Answer | Asked in Entertainment / Sports for Michigan on
Q: Am I entitled for a refund?

I booked a birthday party . The party is suppose to be on Sunday March 22nd . I had to put down a non-refundable fee of $100. Now with the state emergency of the COVID-19 situation I had to cancel the event . Parents do not feel safe to bring their children in this kind of environment where... View More

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2020

Everyone is feeling your pain. This is new territory for everyone. Under current orders, that business cannot operate. I believe sound business practice would be for them to give you back your $100. However, I'm unsure if they are required to do so. They may well take the position that this... View More

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