We'll help you find the right solution for your needs
Does this sound like your topic?
Another cook gets over 50 hours cash and so on . The wait staff also gets cash some of them.. what can I do this is awful.. he's cheap and doesn't want to pay any of his Social Security taxes so he's making out like a bandit and screwing everybody...
You should contact an attorney and discuss the issues and whether it makes sense for you to pursue remedies with the assistance of counsel or to do it on your own by going through the applicable federal agencies. Failing to withhold employee taxes raises serious legal issues. And depending upon the circumstances, the employer (including its owner) may face criminal charges for evading and/or falsifying payroll records. It also appears there are likely overtime violations. I hope this helps and best to you going forward.See question
I work for a retail store Von Maur, on May 15th I had to report for jury duty. Von Maur on their schedule had me working a 6pm to 9pm shift. My time to report for jury duty was 7:30 am and I was finally excused from jury duty around 2:30 pm. I ...
I previously wrote about an employer's obligations relative to jury duty (http://www.michiganemploymentlawadvisor.com/terminating-the-employment-relationship/employer-obligations-when-it-comes-to-employees-and-jury-duty/). The issue is covered by statute, which is MCL § 600.1348. There is a link in the article to the statute. Notably, Michigan employers who violate the statute are guilty of a misdemeanor and may be held (and have been held) in contempt of court for violating this statute. The statute also covers your situation where you finished at 2:30 but was not scheduled to work until 6. But whether there was a violation occurred will depend upon additional information that you should discuss with an attorney as additional information is needed. In part, an employee can't be required to work more hours during a day which, if added to the number of hours which the person spends on jury duty during that day, exceeds the number of hours normally and customarily worked by the person unless voluntarily agreed to by that employee.See question
I used to work for a food distribution company as a contractor and I was filing 1099 at the end of the year, I signed an employee non compete agreement before I 1st started the job, I left the company and I started my own business and now the comp...
You should contact an employment attorney who specializes in noncompete law. There are a number of nuances and details that would need to be looked at in relation to the applicable agreement(s). There may be defenses or other legal issues that favor your situation. But you will want to discuss these issues with an attorney who can give you the "good, the bad, and the ugly" in relation to the non-compete restrictions. Also, if you formed a business, you will need to hire an attorney to represent it. In this regard, it is important to timely respond to the lawsuit to avoid a default judgment. I hope this helps and good luck.See question
If I leave the company and go to work with another media company and a client decides to follow me to the other company because of a relationship we had, can I get in trouble from previous employer?
Generally, the sort of issues you describe are the facts that often precede a lawsuit. Taking a client, no matter the relationship, does not sit well with employers. If there is no noncompete agreement, that is certainly a favorable fact for you. However, having litigated numerous disputes like the one you describe, there are potential claims that could be asserted even in the absence of a noncompete agreement. With that in mind, you should make sure you are on solid factual and legal ground before taking action. I hope this helps.See question
My sister-in-law works in Detroit and was a very successful key account manager for 15 years. She was hired away my another company 14 months ago. Last week her division was closed down and she was let go. She had exemplary results with the new co...
Absent a contractual obligation, there is no obligation on the part of an employer to pay a severance. Your sister-in-law may want to have an attorney look at whether any promises or agreements were made in soliciting her that could provide some basis for a suit, but that is likely to be a very weak case if it were actually pursued. But based on the limited information, I think she would be best served by having an attorney review the severance agreement that is proposed to make sure her interests are adequately protected. I hope this helps.See question
Hi. I recently found a new job and am planning on leaving my current employer next month. We get all of our pto hours in one lump sum at our annual hire date, which just recently passed for me. I have not had my annual review and I doubt it will...
Michigan does not have a law that requires employers to pay accrued vacation unless the employer has an agreement or enforceable policy that requires it to be paid. (see this article that discusses Michigan's vacation/benefits law - http://www.michiganemploymentlawadvisor.com/terminating-the-employment-relationship/michigan-employers-obligations-when-it-comes-to-accrued-vacation-and-severance-pay/). So with that in mind, review your employer's agreement/policy and follow it. If you have any questions or concerns, however, you should consult with an attorney before giving notice so you don't inadvertently lose your accrued vacation. I hope this helps.See question
I am 23 weeks pregnant was diagnosed with a medical condition that put me and my baby at risk was told couldn't work have to stay off my feet gave work the doctors note a few days later got a call I was fired
I'm a Michigan licensed attorney. I focus on employment law issues. You may have a claim for discrimination/wrongful termination that would ultimately be successful, but you should contact an employment attorney. In my experience, there will be a number of legal arguments in your favor. But your former employer will also have a number of arguments it may be able to make in its favor. Also, it is important for you to look at any employee agreements, applications, handbooks or other documentation to make sure there is not any "fine print" obligations or limitations that need to be complied with. Examples include when a suit must be filed, whether there are any notice requirements, etc. You should be able to find an attorney who will discuss your matter as an initial free consultation. Here is an article I wrote about pregnancy discrimination that may also provide additional information. http://www.michiganemploymentlawadvisor.com/pregnancy-discrimination-act/pregnant-employee-accommodations/. I hope this helps.See question
I bought a car for me and my ex-girlfriend to share til we got another and I put it in her name. I paid for it with 200 cash and traded in my car to pay for it (in which they gave me 1300$ for), but we broke up. She's sent me multiple text message...
I agree with Attorney Matt Berry's comment about text messages. However, I have had a judge question, without actually ruling on the issue, of whether a text message could be a "writing" for purposes of modifying a contract and forming a contract. Because of the legal and evidentiary issues created by contracts and text messages, you should consider contacting an attorney. If that is not practical or cost-prohibitive, make sure you preserve the text messages and make copies. Good luck.See question
Is there any other way someone can obtain this information without me giving my consent?
I'm a Michigan licensed attorney and I routinely handle employment law matters. A background check should not return any results for having a medical marijuana card. However, problems for individuals and companies involving medical marijuana often arise if there is a positive drug test for the by-products of marijuana. Generally speaking, having the proper medical marijuana authorization is not going to prevent you from being fired for violating an employer's anti-drug policy. Here is a link to an article I wrote about this issue (http://www.michiganemploymentlawadvisor.com/investigating-and-monitoring-employee-conduct/medical-marijuana/). I hope this helps.See question