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Michigan Employment Legal Questions

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186 legal questions have been posted about labor and employment by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
Michigan Employment Questions & Legal Answers
Do you have any Michigan Employment questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 186 previously answered Michigan Employment questions.
Labor and Employment
Michigan

Recent Legal Answers

My wife is a nurse practitioner who received a 50,000.00 grant from hrsa, is there any way to get out of the contract without paying treble damages

Answered a year and 9 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Employment
Your question would likely require a review of the documents to respond intelligently. Off-the-cuff, however, it is likely that a satisfactry resolution could be worked out to the satisfaction of both sides.
Your question would likely require a review of the documents to respond intelligently. Off-the-cuff, however, it is likely that a satisfactry... Read More

Weather or not my situation is legal?

Answered 2 years and a month ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
Most Labor cases can go on a long time, usually the company wins unless they do something really stupid. In this case, there is only 1 question: do you want the job back or not? You can contact more experienced labor counsel but ultimately, it looks like they want you back. Best of luck to you and sorry I cannot be of more help.... Read More
Most Labor cases can go on a long time, usually the company wins unless they do something really stupid. In this case, there is only 1 question: do... Read More

Can a company that has 12hr and 8hr employees change overtime rules from low hours which was fair to everyone to 12hrs cover 12hrs and 8hrs cover 8hr

Answered 2 years and 6 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
If you are unionized, you should speak to your business agent. If you are not, the company might have the right to do this.
If you are unionized, you should speak to your business agent. If you are not, the company might have the right to do this.

My employer has posted a statement threatening all employees with termination for discussing out pay rates amongst each other how should I proceed?

Answered 2 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Employment
Your pay issue can be addressed through the department of labor if its less than minumum wage or not paying ovettime, or a labor lawyer if its simply unpaid wages. As to the not discussing pay rates, the answer is simply "don't" or you will risk being fired. 
Your pay issue can be addressed through the department of labor if its less than minumum wage or not paying ovettime, or a labor lawyer if its simply... Read More

My son-in-law is making in an Electrical Trades training program for which he left his former employer, but who won't report the hours he worked ther

Answered 3 years and 2 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
You need to find a Labor Lawyer who handles the worker's side of litigation. Adam Taub's firm in Ann Arbor is recommended and can be reached at 734-519-0872 please let him know that Robbie Starkman and I reccommended him.
You need to find a Labor Lawyer who handles the worker's side of litigation. Adam Taub's firm in Ann Arbor is recommended and can be reached at... Read More

Is an employer obligated to put in short term lay off verification?

Answered 3 years and 5 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
You should contact a Labor Lawyer, you can find one at MichBar.org (search) or call Lawyer referal at 800 965-0738.
You should contact a Labor Lawyer, you can find one at MichBar.org (search) or call Lawyer referal at 800 965-0738.

Do I qualify for disability?

Answered 3 years and 5 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
You will need to consult with an employment lawyer, you should call the State Bar of Michigan's lawyer referal service: 800-965-0738.
You will need to consult with an employment lawyer, you should call the State Bar of Michigan's lawyer referal service: 800-965-0738.

What can be done when retaliation and intimidation by an employer occurs.

Answered 4 years and 2 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
This very much sounds like retaliation. Not sure there are damages here that will make the case economically viable for a lawyer but the facts as presented are troubling. Yous should speak to a lawyer who specializes in employment law; you find one via the Michigan Bar attorney referal line at 800-968-0738.... Read More
This very much sounds like retaliation. Not sure there are damages here that will make the case economically viable for a lawyer but the facts as... Read More

what kind of lawyer do I hire

Answered 4 years and 4 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Employment
Our Firm has years of experience representing clients against poor quality home contractors, including cement work companies.
Our Firm has years of experience representing clients against poor quality home contractors, including cement work companies.

I asked my boss what I needed to work on to get a management position. He said to be blunt man.. its your skin color.. look around.. they will see you

Answered 4 years and 4 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Employment
Assuming you are a person of color, it is possible that you have a case: -on one hand, the tone and nature of the comment could be taken as a slur against you -on the other, your employer views promotion of people of color to be a company goal if you are interested in pursuing this, you will need the help of an expert in the law of labor and discrimination. I would be happy to refer you to a such a lawyer.   I hope this helps.... Read More
Assuming you are a person of color, it is possible that you have a case: -on one hand, the tone and nature of the comment could be taken as a... Read More

I am being accused of embezalment and need help

Answered 5 years and 4 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Employment
Has the alleged theft been reported to the police? Has anyone from law enforcement contacted you to discuss thie matter? How much are they claiming that you stole? These facts are important in determining what steps you need to take. Either way, you should have a criminal defense attorney working with you before this goes any further.... Read More
Has the alleged theft been reported to the police? Has anyone from law enforcement contacted you to discuss thie matter? How much are they claiming... Read More

can I deduct attorney fees paid to review employment separation agreement

Answered 5 years and 11 months ago by attorney Gregory Michael Dell   |   1 Answer   |  Legal Topics: Employment
Usually each party is responsible for their own attorney fees.  In an Erisa disability lawsuit prevailing party in a law suit can seek attorney fees.  In a separation agreement you could ask for payment of your lawyer's fees. 
Usually each party is responsible for their own attorney fees.  In an Erisa disability lawsuit prevailing party in a law suit can seek attorney... Read More

Past employer marked my file terminated for sexual harassment

Answered 7 years and a month ago by attorney H. Joel Newman   |   1 Answer   |  Legal Topics: Employment
In Michigan, you can obtain a cop[y of your personnel file on written request pursuant to the Bullard-Plawecki Right to Know Act. Good luck!
In Michigan, you can obtain a cop[y of your personnel file on written request pursuant to the Bullard-Plawecki Right to Know Act. Good luck!

Can they tell my daughter who is disabled and can't use both her hands to just figure it out?

Answered 8 years and 5 months ago by Joey Scott Niskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Was your daughter an employee or customer of the store?
Was your daughter an employee or customer of the store?

Can I get unemployment if I quit my job due to years of sexual harassment from the owner?

Answered 8 years and 5 months ago by Joey Scott Niskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
While it is admirable that you may not want to destroy the owner, he has certainly done his part to destroy you. Not listing the sexual harassment as a basis for you quitting could jeopardize your ability to get unemployment benefits. You should definitely appeal the decision and specifically state that the sexual harassment was the reason for you quitting. It may not suffice since it was not mentioned before, but better late than never. You may also want to strongly consider pursuing the sexual harassment claim against the company (and possibly the owner as well). Save all incriminating e-mails, text messages and recordings (if any).... Read More
While it is admirable that you may not want to destroy the owner, he has certainly done his part to destroy you. Not listing the sexual harassment as... Read More

Can I legally be terminated for being on bed rest while pregnant?

Answered 8 years and 7 months ago by Joey Scott Niskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
If you have been employed with that company for a total amount of time of less than one year, then you are probably not entitled to FMLA leave, and as a result, the employer may be able to terminate you. However, if the employer granted a comparable amount of time off to another employee for a non-pregnancy related condition (other than a worker's compensation injury or to accommodate a disability under the ADA), then the failure to accommodate you can be considered unlawful pregnancy discrimination.... Read More
If you have been employed with that company for a total amount of time of less than one year, then you are probably not entitled to FMLA leave, and... Read More

Can I press charges for being accused of stealing from my former employer?

Answered 9 years ago by attorney Maryann P. Gallagher   |   4 Answers   |  Legal Topics: Employment
There is no quick answer for this one, “pressing charges” means seeking criminal charges, so no it is not against the law for your employer to accuse you of doing something . If you can show there was no way your employer had a good faith belief that you stole the money or took the key, you could file a civil lawsuit for defamation or libel. You have to prove the claim is not true. ... Read More
There is no quick answer for this one, “pressing charges” means seeking criminal charges, so no it is not against the law for your employer to... Read More

I filed for sexual harassment at my company and it was pervasive and nothing was done? Now what?

Answered 9 years ago by attorney Maryann P. Gallagher   |   7 Answers   |  Legal Topics: Employment
First you should document your complaints to your managers by emails that you cc to yourself and print out and keep. Be specific about the sexual harassment, when it happened, what happened, be specific about who you complained to, what you told them, and what their response was. Then you should file a complaint with the Department of Fair Employment and Housing. You can file it online. It is unlawful for your employer to retaliate against you for filing a claim, they cannot demote you, deny you transfers or terminate you if you are seeking help from the DFEH. ... Read More
First you should document your complaints to your managers by emails that you cc to yourself and print out and keep. Be specific about the sexual... Read More

What can I do if my employer fired me for being gay?

Answered 9 years ago by attorney Maryann P. Gallagher   |   11 Answers   |  Legal Topics: Employment
Your employer cannot fire you for being gay, even if you are not gay and he thinks you are, he cannot do that. It is against the law. You can file a claim with the Department of Fair employment and Housing, on your own, but it is better to get an attorney . You have one year from the last act of harassment to file with the Department of Fair Employment and Housing but you should never wait until close to the one year, you should proceed to find an attorney who can assist you. ... Read More
Your employer cannot fire you for being gay, even if you are not gay and he thinks you are, he cannot do that. It is against the law. You can file ... Read More

Can I be forced to work while on medical leave?

Answered 9 years and 7 months ago by Daniel J. McCarthy (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The FMLA generally prohibits an employer from interfering with or retaliating against your medical leave.  Assuming that you were approved for FMLA leave and assuming further that you submitted proper notice, you should consult with a FMLA lawyer.  As in all cases, the facts, details, and circumstances will dictate the viability of a successful lawsuit or other remedial option.  For instance, when you ask if you can "be forced to work on mecial leave," what do you mean by "forced?"  If you were granted FMLA time, and the employer threatened to fire you for exercising such time, then you might have an FMLA claim.   ... Read More
The FMLA generally prohibits an employer from interfering with or retaliating against your medical leave.  Assuming that you were approved... Read More

Can I sue my former employer for letting me go without any reason?

Answered 9 years and 8 months ago by attorney Alena Shautsova   |   3 Answers   |  Legal Topics: Employment
You cannot unless there was discrimination involved.
You cannot unless there was discrimination involved.

Can I be fired if I request Sundays off for church?

Answered 9 years and 10 months ago by Joey Scott Niskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The answer is: Maybe yes, maybe no. An employer has a duty to accommodate religious practices, but not by very much. Sunday-off cases are difficult to win, but I recently handled one with success.
The answer is: Maybe yes, maybe no. An employer has a duty to accommodate religious practices, but not by very much. Sunday-off cases are... Read More

Can an employee be made to make up hours missed and have those missed hours salary deducted?

Answered 9 years and 10 months ago by Joey Scott Niskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
*Generally, an employer can legally do that. However, as long as no overtime exemption applies to your situation, the employer's deduction from your pay for hours not worked can jeopardize your "salary basis" designation, and potentially entitle you to overtime pay for any hours worked over 40 in a week.... Read More
*Generally, an employer can legally do that. However, as long as no overtime exemption applies to your situation, the employer's deduction from... Read More

Will being arrested for MDP and having the charges dropped within a few days prevent me from getting hired as a correctional officer?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Certainly should not, an arrest or accusation is NOT a conviction. On the other hand, be prepared to rationally explain.
Certainly should not, an arrest or accusation is NOT a conviction. On the other hand, be prepared to rationally explain.

What constitutes a case for malicious intent in the work place?

Answered 10 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
If it can be proven, not only by your testimony, but also supported by 1 or more co-employees, this would be considered a "hostile work environment." Without support, you will lose. I just encountered this problem with one of my own clients. In Michigan, this is pursuant to a statute. Good luck.... Read More
If it can be proven, not only by your testimony, but also supported by 1 or more co-employees, this would be considered a "hostile work environment."... Read More
Labor and Employment
Michigan

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