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Scott Batey
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Blog
Leave & Accommodation (FMLA/ADA/PWDCRA)
Fired After Medical Leave? FMLA + ADA Red Flags Employees Should Know
Termination or discipline shortly after medical leave often signals more than bad timing. Federal law protects employees from retaliation for taking leave and from discrimination tied to medical limitations or accommodation needs. When adverse action follows closely on the heels of protected leave, the pattern may point to unlawful interference or disability bias.
Leave & Accommodation (FMLA/ADA/PWDCRA)
Fired After Medical Leave? FMLA + ADA Red Flags Employees Should Know
Termination or discipline shortly after medical leave often signals more than bad timing. Federal law protects employees from retaliation for taking leave and from discrimination tied to medical limitations or accommodation needs. When adverse action follows closely on the heels of protected leave, the pattern may point to unlawful interference or disability bias.
Timeline Power Move: Start Your 2026 Work Evidence Log (Free Template)
Workplace disputes are often decided by clear, dated evidence rather than memory or emotion. A detailed timeline helps capture patterns like retaliation, discrimination, or shifting performance expectations before critical details are lost. Starting documentation early gives employees leverage, clarity, and control if a workplace issue escalates.
Using Michigan Earned Sick Time During Flu Season: Notice, Documentation, Retaliation
Flu season often exposes tension between attendance policies and employees’ legal right to stay home when sick. Michigan law protects earned sick time use, limits when notice or documentation can be required, and prohibits discipline tied to protected absences. Understanding these rules ahead of time helps employees avoid retaliation and stop routine sick days from turning into serious workplace disputes.
Misclassification Checkup: Are You Really a 1099 Contractor or a W-2 Employee in Michigan?
Many Michigan workers labeled as independent contractors are actually treated like regular employees under the law. True classification depends on control, independence, and economic reality—not contracts, pay labels, or employer explanations. Understanding the warning signs of misclassification can help workers protect wages, benefits, and legal rights before losses add up.
Contracts, Noncompetes & Severance
Promotion & Pay Equity Reviews: How to Spot Discrimination in Raises and Titles (MI)
Raises and promotions shape long-term earnings, job titles, and future career opportunities. Discrimination often appears through subtle patterns like inconsistent standards, unexplained pay gaps, or repeated delays despite strong performance. Knowing how pay and promotion decisions should be made helps Michigan employees recognize when unequal treatment may cross the legal line.
Remote/Hybrid in 2026: Can Your Employer Cut Pay or Force Return to Office in Michigan?
Many Michigan workers are facing return-to-office mandates or pay changes after years of approved remote or hybrid work. While employers have broad authority, that power is limited by contracts, written policies, past promises, and laws protecting against discrimination, retaliation, and wage violations. Knowing where those limits are helps employees respond strategically instead of reacting in ways that weaken their rights.
Noncompete vs. Nonsolicit in Michigan: What Really Limits Your Next Job
Many Michigan workers discover post-employment restrictions only when they’re ready to change jobs. Noncompete and nonsolicitation clauses differ in how they limit future work, but both can significantly affect career mobility depending on how they’re written and enforced. Knowing what each agreement actually restricts helps employees avoid unnecessary delays, disputes, or lost opportunities.
Severance in Q1: 7 Terms to Negotiate Before You Sign in Michigan
Many Michigan employees receive severance offers during early-year restructures and layoffs, often under pressure to sign quickly. These agreements can quietly trade away legal claims, future job flexibility, and reputation protections in exchange for less compensation than expected. Knowing which terms are negotiable helps employees protect both their income and long-term career options.
New Year, New Handbook: Michigan ESTA, FMLA & ADA Updates Every Employee Should Check
Updated employee handbooks can quietly change how leave, attendance, and accommodations are handled at work. In Michigan, small wording changes tied to earned sick time, medical leave, or disability accommodations can significantly affect employee rights. Reviewing these updates carefully helps workers catch unlawful restrictions before they impact pay or job security.
2026 Pay Changes: Overtime, Bonuses, and “Exempt” Reclassification—What’s Legal in Michigan
Many Michigan workers will see pay, overtime eligibility, or job classification changes in 2026 as employers adjust to new wage rules. Whether a change is legal depends on how employees are actually paid and what work they truly perform—not job titles or internal explanations. Understanding overtime rules, bonus calculations, and exemption tests is key to protecting take-home pay during reclassification.
Evidence & How-To (Playbooks)
The January PIP: How to Respond Without Hurting Your Case (Michigan Guide)
January performance improvement plans often signal more than simple coaching and can quietly set the stage for termination. How an employee responds—what they sign, write, or admit—can significantly affect future legal rights and leverage. Understanding the risks inside a PIP helps Michigan workers protect themselves while navigating a high-stakes moment.
Age Discrimination After 50: Proving Bias Under Michigan’s ELCRA
Michigan workers over 50 often face subtle and overt age discrimination, from sudden negative reviews to pressure to retire or being replaced by younger employees. Proving bias under ELCRA relies on patterns, timing, comparisons, and documentation that reveal the real motive behind employer decisions. With the right evidence and strategy, older employees can challenge unfair treatment and pursue meaningful legal remedies.
Religious Accommodation After Groff: What Michigan Employees Need to Know in 2026
The Supreme Court’s Groff ruling significantly raised the standard employers must meet before denying religious accommodations, giving Michigan workers far stronger protection. Employees now have expanded rights related to scheduling, dress, grooming, prayer breaks, and observance-related needs. With the combined power of Groff and ELCRA, workers can challenge unlawful denials, prevent retaliation, and document violations more effectively.
Light Duty & Return-to-Work Notes in Michigan: What Your Doctor Must Include to Protect You
A well-written return-to-work note can determine whether you receive legal accommodations, light duty, or protection from retaliation when returning after injury or illness. Michigan employees are protected under the ADA, FMLA, and PWDCRA, which require employers to consider restrictions and prohibit “100% healed” rules. Clear documentation of limitations, capabilities, and needed accommodations ensures your employer must follow the law and prevents misuse of vague or incomplete medical notes.
Using Michigan ESTA Without Risk
Even though ESTA guarantees protected time off for personal illness, family care, and school or daycare closures. Understanding how sick time accrues, how to give proper notice, and what documentation is actually required helps employees avoid discipline or retaliation. With clear records and knowledge of their rights, workers can use earned sick time safely.
Discrimination & Harassment (ELCRA)
Documenting Harassment the Right Way: Notes, Emails, and Screenshots (MI)
Michigan workers strengthen their harassment claims by keeping detailed, real-time documentation such as timelines, notes, emails, and screenshots. Clear evidence helps establish credibility, counter employer denial, and protect against retaliation. With organized records and strategic reporting, employees gain powerful leverage when confronting harassment or pursuing legal action.
Evidence & How-To (Playbooks)
Year-End Reviews, PIPs, and Job Security: Your Michigan Survival Guide
Year-end evaluations often become leverage points for employers to justify discipline, PIPs, or terminations in the new year. Subtle wording, sudden negative shifts, and vague criticism can signal retaliation—especially after protected activity like FMLA leave, accommodation requests, or reporting misconduct. With strategic documentation and a careful response, employees can protect their record, challenge unfair reviews, and strengthen their position.
Religious Accommodation in December: Scheduling, Dress, and Observances
December creates unique workplace challenges as employees balance religious observances with demanding holiday schedules, dress expectations, and mandatory events. Federal and Michigan laws require employers to provide reasonable accommodations for scheduling, attire, prayer, and participation in celebrations. Understanding these protections empowers workers to navigate conflicts, prevent retaliation, and assert their rights confidently.
New Year, New Job Offer: Fix These Employment Contract & Severance Terms Before You Sign
A new job offer can shape your compensation, mobility, and legal rights long after you accept it, making careful review essential. Vague duties, unclear bonus metrics, restrictive covenants, arbitration clauses, and weak severance terms can create major risks if not corrected before signing. Employees who understand these red flags can negotiate stronger protections and enter the new year with confidence and control over their career.
FMLA Paperwork Tactics: Certifications, Recertifications & “Cures”
Employers often misuse FMLA certification, cure requests, and recertification rules to delay approvals, deny protected leave, or build a case for discipline. Understanding what employers can legally request—and documenting every step—helps workers stop interference and protect their jobs. With the right evidence and strategy, employees can push back against unlawful paperwork tactics and safeguard their medical leave rights.
Discrimination & Harassment (ELCRA)
Holiday Parties & Harassment: What Michigan Law Really Protects
Company-sponsored holiday events often create environments where boundaries blur and harassment becomes more likely, even when the party is off-site or after hours. Michigan’s Elliott-Larsen Civil Rights Act still protects employees in these settings, holding employers responsible for misconduct involving supervisors, coworkers, or even clients. Clear documentation, timely reporting, and strategic guidance help employees protect their rights when inappropriate behavior occurs at workplace celebrations.
Wage Theft in Michigan: Overtime, Off-the-Clock Work & Retaliation
Wage theft occurs when employers fail to pay workers every dollar they’ve earned, often through unpaid overtime, off-the-clock work, or misclassification. Michigan and federal laws require full, fair compensation for all hours worked—and protect employees from retaliation when they speak up. With the right evidence and legal help, workers can recover lost wages and hold employers accountable.
Michigan WPA Deadlines & Remedies: Don’t Miss the 90-Day Window
Michigan’s Whistleblowers’ Protection Act shields employees who report illegal or unsafe workplace conduct from retaliation—but strict deadlines apply. Workers have only 90 days from the date of retaliation to file a lawsuit, making swift action essential. With the right evidence and legal support, whistleblowers can recover lost wages, reinstatement, and compensation for emotional harm.
Discrimination & Harassment (ELCRA)
At-Will, But Not Lawless: Michigan Exceptions Every Employee Should Know
Michigan’s at-will employment rule gives employers broad flexibility—but not unlimited power. Workers are still protected from discrimination, retaliation, and wrongful termination under laws like ELCRA, the Whistleblowers’ Protection Act, and the ADA. With strong documentation and legal support, employees can challenge firings that cross the line from legal to unlawful.
Discrimination & Harassment (ELCRA)
Constructive Discharge in Michigan: When Quitting Counts as Being Fired
When a job becomes so hostile or unbearable that quitting feels like the only option, Michigan law may treat it as a firing through “constructive discharge.” Employees forced out by harassment, retaliation, or discrimination may still recover back pay, emotional damages, or reinstatement. Careful documentation and legal guidance are key to proving the employer’s intent and protecting your rights.
Evidence & How-To (Playbooks)
Comparator Evidence: Finding the “Someone Like Me” for Your Case
When Michigan employees face unfair discipline or termination, comparator evidence can reveal hidden discrimination or retaliation. By comparing how similar workers were treated under the same rules or supervisors, patterns of bias often come to light. With proper documentation and legal support, this evidence can expose pretext and strengthen your case for justice.
Retaliation After Reporting Harassment: The Michigan Employee Playbook
When Michigan employees report harassment, retaliation can follow in the form of demotion, isolation, or sudden discipline—but the law protects those who speak up. Under ELCRA and Title VII, it’s illegal for employers to punish workers who report or oppose discrimination. With documentation and legal support, employees can prove retaliation and reclaim lost pay, dignity, and job security.
Discrimination & Harassment (ELCRA)
MIOSHA Safety Complaints: What to Document Before You Report
Michigan employees have the right to report unsafe working conditions, but careful documentation is key to ensuring protection and credibility. Keeping records of hazards, management responses, and any retaliation can make or break a MIOSHA complaint. With the right preparation and legal support, workers can stay safe while holding employers accountable.
Discrimination & Harassment (ELCRA)
How to Support a Coworker’s Harassment Report—Without Risking Retaliation
Supporting a coworker who reports harassment takes courage, but Michigan and federal laws protect employees who do so in good faith. Retaliation—whether through demotion, exclusion, or intimidation—is illegal and can result in compensation for victims. With proper documentation and legal guidance, workers can safely stand up for fairness without risking their careers.
Wage & Hour Retaliation: Building Leverage After a WHD Complaint
Michigan workers who file wage or overtime complaints are protected from employer retaliation under state and federal law. Retaliation can include reduced hours, demotion, harassment, or termination—but these illegal actions often strengthen an employee’s legal case. With strong documentation and legal support, workers can recover lost pay, damages, and reinstatement.
Severance Math: How COBRA, PTO, and Bonuses Factor Into Your Package (MI)
The real value of a severance package depends on more than just the cash payout, factors like COBRA premiums, unused PTO, and earned bonuses can significantly change what you’re owed. Michigan workers should understand how these elements impact total compensation and what rights they may be waiving when signing an agreement. With the right legal guidance, employees can negotiate stronger, fairer severance terms.
Severance Negotiations for Executives: Equity, References, and Reputation
Executive severance negotiations in Michigan involve more than just pay—they shape your financial future, professional reputation, and post-employment freedom. Key factors like equity vesting, reference language, and confidentiality terms can dramatically affect your next opportunity. With evolving laws around noncompetes and restrictive covenants, understanding your leverage is essential. Strategic, informed negotiation ensures your exit protects both your career legacy and long-term financial interests.
Timeline Template: How to Document Workplace Issues the Right Way
Accurate documentation is one of the most powerful tools employees can use when facing discrimination, harassment, or retaliation at work. By keeping a detailed, chronological timeline of events—including dates, people involved, and evidence—you can reveal patterns that prove unlawful treatment. A well-organized record strengthens your credibility and helps attorneys or investigators connect cause and effect. In Michigan, clear documentation can make the difference between a weak complaint and a winning case.
ELCRA 101: Michigan’s Civil Rights Law Explained for Employees
Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) protects employees from discrimination based on race, gender, religion, age, disability, sexual orientation, and more. It applies to nearly all workplaces and offers legal remedies for unfair treatment, retaliation, and harassment. Employees can file complaints through the Michigan Department of Civil Rights and pursue compensation for lost wages, emotional distress, and other damages. Acting quickly and seeking legal guidance ensures your rights are protected and your case is strong.
The “100% Healed” Myth: Returning to Work After FMLA or ADA Leave
Employers in Michigan cannot legally require workers to be “100% healed” or have “no restrictions” before returning from medical leave. Federal and state laws like the ADA and PWDCRA require individualized assessments and reasonable accommodations that allow employees to perform their essential duties safely. These may include modified schedules, temporary reassignments, or adaptive equipment. The law protects your right to return to work without discrimination or unrealistic medical demands.
Fired After Medical Leave: What to Do in Your First 7 Days
Being fired right after taking medical or family leave can violate federal and Michigan law. The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) protect employees from retaliation and discrimination tied to legitimate medical absences. Acting quickly in the first week—by gathering documents, requesting written explanations, and consulting an employment attorney—can preserve your legal rights. With proper evidence and representation, you may be able to recover lost wages, reinstatement, or damages for emotional distress.
Hostile Work Environment vs. “Bad Boss”: Where the Law Draws the Line
Not every unpleasant workplace qualifies as a hostile work environment under Michigan law. The key difference lies in motive — when mistreatment is based on race, gender, age, religion, disability, or another protected trait, it becomes illegal harassment under the Elliott-Larsen Civil Rights Act (ELCRA). To prove a claim, employees must show that the conduct was severe or pervasive enough to affect their job and was motivated by bias. Documentation, evidence, and timely reporting are essential to protecting your rights and holding employers accountable.
Contracts, Noncompetes & Severance
Severance Red Flags in Michigan: Noncompetes, Nonsolicits & NDA Overreach
Severance agreements often include hidden clauses that can restrict your future employment, client relationships, or even your ability to speak freely. Overbroad noncompetes, nonsolicitation clauses, and NDAs can unfairly limit your professional opportunities long after you leave a job. Michigan law is shifting to protect workers from these restrictions, narrowing how far employers can go in controlling post-employment activity. Reviewing severance terms carefully—and seeking legal advice before signing—can protect your rights and your career.
Reasonable Accommodation Ideas That Actually Work (Michigan Examples)
Michigan and federal law require employers to provide reasonable accommodations that help employees with disabilities or medical conditions perform their jobs safely and effectively. These adjustments can include flexible scheduling, ergonomic equipment, duty modifications, or additional leave during recovery. Employees have the right to request accommodations without fear of retaliation, and employers must engage in a good-faith process to find workable solutions. With the right support, health challenges don’t have to become career barriers.
Religious Accommodation at Work in Michigan: Sincere Belief & Undue Hardship
Michigan and federal law protect employees’ right to practice their faith at work through reasonable accommodations for sincerely held beliefs. Employers must make good-faith efforts to adjust schedules, dress codes, or duties unless doing so causes significant operational hardship. Recent legal updates—including a 2023 Supreme Court ruling—strengthen these protections by raising the standard for what counts as “undue hardship.” Workers are also protected from retaliation for requesting accommodations tied to religious observance.
Retaliation & Whistleblowing (WPA/MIOSHA)
Proving Timing & Pretext: The “Close Temporal Proximity” Play
When an employer takes action right after an employee reports discrimination, harassment, or unsafe conditions, that timing can serve as powerful evidence of retaliation. Michigan’s Elliott-Larsen Civil Rights Act and Whistleblowers’ Protection Act protect workers from punishment for speaking up, even when employers disguise retaliation with excuses like “restructuring” or “performance issues.” By documenting events, building a clear timeline, and working with an experienced employment attorney, employees can expose pretext and hold employers accountable. Timing, when paired with proof of inconsistencies, can make all the difference in winning a retaliation case.
Wrongful Termination & Your Job
Fired Without Warning in Michigan? What ‘At-Will’ Really Means (and Doesn’t)
Being fired without warning in Michigan doesn’t always mean your employer acted legally. While at-will employment allows termination without cause, firings based on discrimination, retaliation, or violations of laws like the ADA, FMLA, or WPA are unlawful. Many workers are misled into thinking handbooks or lack of write-ups remove their rights—but protections remain in place. Understanding these limits is key to knowing whether your termination was simply unfair or potentially illegal.
Evidence & How-To (Playbooks)
When We Say ‘No’ to a Case—and Why Candid Advice Still Helps
Not every unfair workplace situation is legally actionable, and sometimes the most valuable service a law firm can provide is candid advice. Cases may be declined because the behavior wasn’t unlawful, the evidence is insufficient, deadlines have passed, or the cost of litigation outweighs the benefit. Even so, clear feedback helps employees understand their rights, avoid costly mistakes, and prepare for the future. Honest guidance ensures that clients walk away informed, empowered, and supported—even without a lawsuit.
Evidence & How-To (Playbooks)
Employment Lawyer in Bingham Farms: How We Tackle Cases Locally
Workplace disputes can be stressful and life-changing, which is why having an advocate who understands your local courts and employers is invaluable. With decades of experience representing Michigan workers, Batey Law Firm provides personalized legal strategies for wrongful termination, discrimination, harassment, retaliation, and severance negotiations. Their deep familiarity with Oakland County courts and area businesses gives clients a strategic edge. Local representation means you’re not just another case—you’re part of the community they’re committed to protecting.
Evidence & How-To (Playbooks)
Inside the Case File: How We Prove Pretext in Employment Lawsuits (Without Names)
When employers claim a firing was due to “performance issues” or “restructuring,” the real motive is often hidden beneath pretext. In employment law, pretext refers to false excuses used to disguise discrimination, retaliation, or other unlawful actions. Evidence like shifting explanations, suspicious timing, inconsistent treatment, or ignored company policies can expose the truth. By proving pretext, employees gain powerful leverage to hold their employers accountable under Michigan law.
Contracts, Noncompetes & Severance
Top 10 Mistakes Employees Make Before Signing a Severance
Severance agreements often contain clauses that limit your rights, restrict future employment, and shield the company from liability. Many employees make costly mistakes by signing too quickly, failing to negotiate, or overlooking non-compete and tax implications. Understanding what you may be waiving—such as protections under ELCRA, FMLA, ADA, or WPA—is critical. With the right guidance, you can protect your future, secure fair terms, and avoid hidden traps.
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