My anniversary date is July 15. I was given 120 hours of vacation on that date. I had used 64 hours to date (9/26). The employer is claiming vacation is prorated, since I left the company 9/26.
I'm a Michigan licensed attorney who focuses on employment law issues. In general, your question will depend upon what is provided in your employment agreement or applicable employment policies. This is because Michigan law concerning fringe benefits like vacation time only requires that an employer pay it according to the terms set forth in a written contract or policy. But that law does not apply to promises that are not reduced to writing. However, you should have your employer's policies and/or any agreements concerning vacation reviewed by an attorney before making any decision. I hope this helps.See question
My spouse and I want to start at-home online business–graphic design, web design and copywriting services. We're only planning to work together, and have equal responsibilities to run the business. We will be filing taxes together as well. We'r...
If you want to start off right, sitting down with a business attorney is the best option in order to discuss advantages and disadvantages for various business structures, how to best manage the business in terms of contracts/agreements, and minimizing risks. Also, since it is an online business, you'll also want to address internet legal issues. Even if money is tight (and when isn't it), I view new start-up business as an opportunity to invest in a long term relationship, meaning the legal fees are reasonable. And while there are reputable "do it yourself" guides you can pick up, they can't replace the hands-on insight and connections that a trusted partner can provide. I hope this helps. Best to your business going forward.See question
I was fired 8-19-16 and received my last check on 9-1-16 but am still waiting on my PTO pay. Can they wait this long to pay me?
Michigan does not require an employer to compensate an employee for PTO upon termination unless there is a written agreement providing for such compensation. So the first issue you will need to look at is whether in your employment agreement, claimant handbooks, or related materials if there is a provision that would require your employer to compensate you for PTO. I hope this helps.See question
*All conversations regarding this incident is documented via text, and audio recording. On 9/10/16, I advised my employer that I had received a notice to appear for Jury Duty at the Ogemaw County Court House in West Branch Mi. She advised me th...
Employers cannot terminate someone in your position for complying with jury duty obligations. However, you should consult with an attorney to discuss your potential case. In anticipation of that discussion, here is an article I wrote about Michigan employer obligations concerning jury duty, which provides information that answers your question. Http://www.michiganemploymentlawadvisor.com/terminating-the-employment-relationship/employer-obligations-when-it-comes-to-employees-and-jury-duty/
I hope this helps.See question
I am a stylist who recently moved from a commission based hair salon to a booth rent salon. My former employer sent a letter with another stylists business card to my clients with a offer for a free treatment with any service. I find this to be u...
I have represented a number of salons and spas over the years. Based on that experience and on the information you have provided, it is unlikely that you have a legal claim against your former employer. Nothing from the information provided suggests that your former employer made any untrue statements that could give rise to a defamation style claim. Further, the actions do not rise to a level that courts recognize as a tortious interference with a business expectancy.See question
Back in 2002 I hired a company to write up my QDRO. I just recently found out this was never filed. When I called the Company who I hired to prepare my QDRO, they told me they were not responsible to file it. That my lawyer should have filed it...
First, make sure you document your communications going forward (i.e., who you spoke with, the date, the substance of the conversation). Second, review whatever communications (email, letters, etc.) concerning the QDRO, especially between you, the company that you hired and your attorney. You may find information about who was supposed to have it filed. Third, immediately contact your attorney involved with the QDRO and see what, if any, corrective action may be taken. Again, carefully document everything. Fourth, if there was a mistake made, be mindful that there are likely statute of limitations issues (i.e., time requirements for when a lawsuit can be pursued or is otherwise barred) to consider.See question
On Monday morning, I received my first write-up (level 1), at the company I have been with for 9 years. I contacted human resources, HR said its company policy to do a verbal warning first then a write-up within 2 days of an incident, I got my f...
Often times it is difficult to get a question about an employment legal issue answered on Q&A sites like this simply because there are numerous facts and follow up questions that need to be considered. And I think your question would be better addressed if you met with an experienced employment attorney. It isn't clear from the question whether there was any disciplinary action taken, which may be the result of unlawful discrimination. Best to you going forward.See question
Employer took my last paycheck. Said it was because I owed them for classes I took thru them. They said I signed a payroll deduction form when I was hired in Feb 2016. I do not recall signing this form. They sent me a copy of the form and it...
Sorry to hear about your situation. There are a number of issues raised by your question that you will probably need to eventually discuss with an attorney. However, here are a few issues that jump out. First, the payroll deduction document provided to you will be critical on several fronts: if you did not sign it then there are significant fraud/forgery issues your employer will have to deal with. If you did sign it, then it will be important to know what you agreed to with respect to the payroll deductions. Second, even if you did sign the deduction, there are restrictions as to how much compensation may be deducted from your pay. Third, I would want more information as to the nature of the classes that you took and how they relate, if at all, to your employment. But the first order of business is discussing these issues with an attorney. I hope this helps and wish you the best going forward.See question
Manager wants to put me on a performance improvement plan, the targets set are not doable. Iam trying my best but not in my control. Will most likely not survive the PIP. Will I loose unemployment if fired after this PIP. RAB
It is impossible to predict future results, but generally speaking, the burden and issues are such that you will not likely lose unemployment benefits for failing to satisfactorily comply with a PIP.
In this regard, the burden is always on the employer to establish misconduct sufficient to warrant a denial of unemployment benefits. The definition of "misconduct" is precise and is a relatively high bar that is often difficult for employers to meet, especially when it comes to the issues referenced in your question i.e. failing to meet a PIP.
I hope this helps.See question
Switching from a 1099 employee to a renter. Will sign a rental contract but unsure of the legalities with a non compete.
The short answer, is that the owner can generally insist that you sign a non-compete restriction. In this Michigan law generally allows for the enforcement of non-compete restrictions between an employer and employee, as well under the circumstances your question references. You should have the non-compete reviewed, however, to understand what obligations and restrictions you are agreeing to. The bigger question is whether legally you were properly classified as a 1099 employee; Probably not, but you should discuss this issue with an experienced employment attorney. I just settled a case in which the salon owner had classified employees as 1099 contractors, which was improper. I hope this helps.See question