Michigan Employment Legal Questions

Attorneys, just like you, cannot work for free. There are limited time for appeal of an administrative law judge, and therefore you need to engage an attorney to determine what your best alternative is. It is not harassment for the state to seek reimbursement for benefits paid which are later determined to have been unwarranted.... Read More

See an attorney, if you are not exempt you may have a claim under the wage and hours act. Their are questions regarding your status as you are the foreman. Speak with an attorney with the details. If you are in or this pertains to Michigan, you are welcome to call and retain Musilli Brennan Associates with details. Good luck!... Read More

you likely have no remedy against the employer for your bills not being paid on time, return check fees, etc. You do have a right to be paid on time. I suggest you consult with Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ They have investigators that handle such questions and get results. No fee to you.... Read More

I do not know the answer to your question. You should speak with an attorney experienced in suing the USA. Often, governments are exempt from such suits under something known as sovereign immunity The United States as a sovereign is immune from suit unless it unequivocally consents to being sued. There are exceptions, especially the Federal Tort Claims Act. In the United States, the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to suit. The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The United States Supreme Court in Price v. United States observed: "It is an axiom of our jurisprudence. The government is not liable to suit unless it consents thereto, and its liability in suit cannot be extended beyond the plain language of the statute authorizing it."... Read More

Generally, when you cannot agree with your employer regarding your compensation you part company. That is not unusual, or illegal. As for the company's interfering with your potential employment with one of the parties working with them, I would have to see whatever documents you have which would might give them a right to preclude your employment with certain other parties.... Read More

The Americans with Disabilities Act requires that the employer provide you with reasonable accommodattions that will help you perform the essential functions of your job.  You must also be able to perform the essential functions of your job with or without reasonable accommodations.  For exmple, if you were a truck drive but not able to drive anymore, you are no longer able to perform your essential functions. If your disability prevents you from performing the essential functions, your options become more limited.   These cases are very fact intensive.  You should immediately meet with an attorney to discuss your facts.  The attorney can then tell you what your best options are, what accommodations you and your doctor should request and whether you have a case worth pursuing... Read More

You're 'rights' are benefits through the Workers Compensation Act of the Labor Code of California exclusively. You filed your claim for Workers Comp, now the REALLY, REALLY important decision is the right doctor from the insurer's MPN the Medical Provider Network. PICKING THE WRONG DOCTOR ENDS ALL BENEFITS. If you have no clue on researching doctors, you need an attorney who personally picks the doctors and doesn't just choose a chiropractic they've known for years that they use for everything... YOU NEED a Toxicologist and Endocrinologist and they need to be from the MPN, as non-MPN doctors never get any study authorized. Trouble is, 90% of MPN doctors are jerks 'in bed' with the insurer. So on your own, you have a 90% chance of failing picking your own doctors.... Read More

Can an employer dissatisfied with an employee's performance refuse that employee computer access and encourage the employee to resign? Yes. If the employer did not want you there and you were both very unhappy, why fight this? IF YOU can show prove with clear, convincing evidence, preferably in writing that the employer unfairly criticized you, reprimanded you for actions you never took, punished you for things that never happened, laid you off while people with less seniority were permitted to remain on the job... THEN you would have had a Psychiatric Injury Workers Compensation claim. BUT workers comp claims filed after you leave the company are presumed non-compensable; post-termination claims are routinely denied then found at trial to have been submitted too late. One exception to post-termination workers comp claims is evidence in your medical charts clearly proving a work injury existed and was reported to the doctors as a work injury PRIOR TO the separation date;? if you medical chart notes prove you had a psychiatric WORK injury that you purposefully avoided filing, you might be able to show that to a Workers Comp judge and pursue a psychiatric workers comp injury trial. That said, do you think it is a good idea to have a permanent psychiatric disability on your public record for future employers to discover?... Read More