MICHIGAN EMPLOYMENT LAW
Employment Law (known also as Labor Law) encompasses matters such as discrimination at the workplace, wrongful termination, wages and hours, disability law, health and safety, and sexual harassment. All are pertinent to the employer - employee relationship and are covered by Michigan employment law.
It is strongly advised that you hire a Michigan employment attorney for specific kinds of cases (discrimination, harassment, wrongful termination) because of their complexity and the need for the compilation of a great deal of evidence to pursue these cases. But, it is worth noting that having a Michigan employment lawyer at your side to answer your questions and address your concerns is always a good idea.
Why Hire A Michigan Employment Attorney?
Michigan wrongful termination and employment law cases often involve a complicated negotiation between federal and state law; as such, to succeed, these cases must be vigilantly investigated and convincingly argued. It is common for many employees to feel uncomfortable to confront or discuss employment law related issues with their boss. If you need to file a discrimination complaint against your boss, file a claim for wages your employer owes you, or decide whether your claim is legitimate and will not end up wasting your money and time, you should consult a Michigan employment lawyer for assistance.
Wrongful termination cases can be a challenge for a former employee, as it can be awkward and stressful to have to communicate with his prior employer. A Michigan wrongful termination attorney can ease this stress by talking to the employee's former employer and giving advice on how best to recover. Similarly, if an employee wishes to file a grievance with the Michigan Department of Energy, Labor and Economic Growth, or if you have any questions about your employment situation, a Michigan employment attorney can be of great assistance.
Wrongful Termination In Michigan
Michigan employees are presumed to be "at will." "At will" workers can be fired at any time, for any reason, or for no reason so long as the reason is not against the law. But, if an employee has a contract, the employee can generally only be terminated for reasons specified in the contract. A worker is free to leave his job whenever he pleases.
An employee can file a "wrongful termination" claim in Michigan if his termination was based on a discriminatory reason, or if the termination was illegal. In Michigan, the following are illegal factors upon which to base a termination:
Wrongful termination questions should be directed to a Michigan wrongful termination lawyer.
Firing a worker for discriminatory reasons is considered wrongful termination in Michigan. For example, if someone has the requisite experience and qualifications for a position, but is not hired, or is terminated because of a disability, or because of his age, this is wrongful termination. Additionally, if an employer sees pregnancy as a disability, pregnancy may not be the reason for firing a worker. Other discriminatory reasons for firing a worker and that are grounds for a wrongful termination claim include: sex, race, religion, and national origin. Contact a Michigan wrongful termination lawyer if you believe you have a claim for wrongful termination, to ensure a good outcome in your case.
Employee Wage/Hour Concerns In Michigan
The minimum wage in Michigan has been $7.40 an hour since July 24, 2009. An employer must designate regular paydays for his employees, and must pay his employees at least once a month.
You should discuss submitting a "Claim for Wages" to the Michigan Department of Energy, Labor & Economic Growth with a Michigan employment attorney if your boss fails to pay you for your work.
In Michigan, there is no maximum number of hours a person can be made to work. However, if you work overtime, defined as all hours over 40 per week, your employer must pay you time-and-a-half pay according to both Michigan State Law, and federal law in the Fair Labor Standards Act, which is enforced by the United States Department of Labor, Wage and Hour Division.
Claims for unpaid overtime pay must be submitted on a "Claim for Wages" form (see above) to the Michigan Department of Energy, Labor and Economic Growth. Before filing the Claim for Wages, be sure to speak with a Michigan employment attorney.
Michigan Employment Benefits
Michigan employers do not have to provide paid vacation days, sick leave, life insurance, or medical benefits, but they may do so. Employers also do not have to give rest or meal breaks to their employees unless they are under age eighteen. Employees under the age of eighteen may not work more than five continuous hours without a thirty minute break.
Michigan disability law does not provide any short term disability benefits for employees who are injured or become sick outside of work; nor does Michigan disability law mandate paid maternity leave for expectant mothers. However, the federal Family and Medical Leave Act (FMLA) requires that expectant mothers be given twelve weeks of unpaid maternity leave.
Employees injured at the worksite or in accidents connected to their work are dealt with by Michigan disability law. Michigan disability law provides that these workers are entitled to compensation, the amount of which depends on the type of disability and how it is classified. However, it is worth reiterating that if you were injured or got sick outside of work, Michigan disability law does not require that you be provided benefits or compensation. If you think you are eligible for compensation for your work-related injury, discuss your case and potential for recovery with a Michigan workers' compensation attorney. You may also find it beneficial to talk to a Michigan employment lawyer about the federal laws related to your case and how they are related to relevant Michigan laws.
Michigan Employment and Labor Law Statutes
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