What are my options if an employer lays me off and withholds wages?
If your employer lays you off, your employer must pay you all wages due by the regularly scheduled payday for the period in which the termination occurs, except for employees engaged in hand harvesting who must be paid within one working day. If your employer refuses to pay, you should probably speak to a lawyer about filing a wage and hour claim.

Does an employer have to pay for unused vacation if an employee opts not to use it?
Under Michigan law, your employer must pay fringe benefits, including vacation, according to the terms of its' written policy (MI Stat. Sec. 750.353a and Sec. 408.473). If your employer's written policy states that accrued, unused vacation will be paid on termination, your employer must pay you for the unused time when your employment terminates. The written policy may not be changed retroactively with respect to fringe benefits already accrued by an employee. An employer will not be legally obligated to pay you, as an employee, for accrued, unused vacation time if your employer’s policy does not address the issue.

Can my employer refuse to pay me PTO or refuse to let me take it upon tendering my resignation?
Under Michigan law, your employer must pay fringe benefits, including vacation, according to the terms of its written policy (MI Stat. Sec. 750.353a and Sec. 408.473). If your employer’s written policy states that accrued, unused vacation will be paid on termination, your employer must pay for the unused time when your employment terminates. The written policy may not be changed retroactively with respect to fringe benefits already accrued by you, the employee. Your employer will not be legally obligated to pay you, as an employee, for accrued, unused vacation time if your employer’s policy does not address the issue.

Can an employer terminate my health insurance while I am out on medical leave?
If you are on leave as a reasonable accommodation under the Americans with Disabilities Act (ADA), your employer must continue your health insurance benefits during the leave if it does so for other employees on similar leave.

Can I refuse to work on certain days due to religious beliefs?
Yes, you can refuse to work on certain days due to religious beliefs, but...Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee's sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship (more than a minimal burden on operation of the business).

What is the statute of limitations for wrongful terminations?
3 years

Can I be terminated while on short-term disability?
The laws covering whether you can be terminated while you’re off work recovering from a physical or mental illness or injury are complicated. It first depends on whether you are taking leave under the Federal Medical Leave Act or the Michigan Paid Medical Leave Act, taking other unpaid leave, or collecting workers’ compensation temporary disability benefits. Whether or not you are collecting short-term or long-term disability (LTD) insurance benefits doesn’t matter – LTD policies offer no protection for your job.
Complicating the matter is that you can always be laid off due to business necessity or fired for performance issues that don’t have anything to do with your disability. Plus, there are some situations in which you can legally be fired even though you’re on disability leave, as long as your employer follows the rules under the Americans with Disabilities Act (ADA).
If you were let go while on disability leave—FMLA or not—speak to a disability or employment lawyer. You may have a claim for wrongful termination under the FMLA or ADA, but before you sue your employer, you need to file a complaint with the Equal Employment Opportunity Commission (EEOC).

Contact us

Please fill out form below and one of our attorneys will contact you.

!
!
!

Choose a location to review

Hamilton Law, PLC locations:

Ratings & Reviews

  • google
    5.0/5.0

    Hamilton Law, PC is a great firm with a personal touch. If you are are business and are looking attorneys who can meet your needs, this is the place to go. I am very please with the service my business received and know and look forward to ...
    Show More

    — Alisa Parker

  • google
    5.0/5.0

    I worked with Ean to establish an LLC for my writing business. After initially contacting Ean, she reached out quickly and was friendly and professional from start to finish. All my questions were answered in a timely fashion, and I felt co...
    Show More

    — Kai Harris

  • google
    5.0/5.0

    I used Hamilton Law, for my business legal needs. Ean was extremely profession, knowledgeable, and responsive. She was able to walk us through our various options and provide high quality service to ensure our business documents were in ord...
    Show More

    — Nicole Parker

  • google
    5.0/5.0

    We are so happy we looked further and found this lovely small family law firm. Ean was quick to get back to us and responded to our questions clearly and candidly. She understood our circumstances and worked with us to help us at our level ...
    Show More

    — Rachel Bernhardt

  • google
    5.0/5.0

    My partner's father died so we called for a consultation. Their office was very responsive and scheduled us in the same week. Ean was very helpful in answering all our questions, including giving us honest advice about when a probate lawyer...
    Show More

    — Shea Kennedy