Your Legal Questions

Michigan law does not require PTO payout unless: Your employer’s written policy promises it, Your contract or offer letter guarantees it, or Past practice shows consistent payout. If policies are changed in December to avoid paying employees, that can violate wage-and-hour rules depending on timing and notice. Always screenshot policy changes—these become crucial evidence later.

Under the FMLA, you’re entitled to reinstatement to the same or equivalent job—same pay, benefits, and similar schedule. Under the ADA, the employer must provide reasonable accommodations, not punishment. Cutting hours, changing shifts, or reducing responsibilities because you took leave is unlawful retaliation. An employer can only change your job if the change is: Unrelated to your leave, Consistent with changes made to others, or Required because your original position no longer exists for legitimate reasons. If it feels like punishment, call us.

Often no. Michigan courts already limited noncompetes heavily, and the 2024–2025 national trend is moving toward near-elimination of them. Even when allowed, employers must show the restriction is reasonable in scope, geography, and duration—and necessary to protect actual business interests. If a noncompete is delaying your January start date, we can often negotiate a release or invalidate the clause entirely.

It depends on whether the bonus is discretionary or earned. If the bonus is earned (you met objective metrics, commissions, or written criteria), the employer usually must pay it—even if they change the rules afterwards. If it’s discretionary, they can change eligibility or decide not to pay it. Save the original policy, emails, or offer letter language. Those are often the key evidence.

Before signing a new-year offer, review: Noncompete / nonsolicit clauses Severance terms Arbitration agreements Bonus eligibility (especially year-end or “earned upon payout”) Termination-for-cause definitions Probationary periods Remote-work / schedule guarantees Michigan employers often pack restrictive covenants into January contracts. Batey Law routinely negotiates them and spots red flags.

Generally no—not if the absences are protected. If your leave qualifies under ESTA, FMLA, or ADA, firing you for using legally protected time is unlawful retaliation. However, absences not covered by these laws can trigger attendance policies. If your employer suddenly becomes stricter after you start using protected sick time, that’s a warning sign.

Keep it simple. Michigan and federal law (ELCRA + Title VII) require employers to reasonably accommodate sincere religious beliefs unless doing so causes “undue hardship.” You can support your request with: A short written explanation of the religious practice/holiday, The dates you need off or the accommodation requested, A note from a clergy member only if you choose—it’s not required. The key is clarity, not proving the legitimacy of your faith.

Under Michigan’s revived Earned Sick Time Act decisions in 2023 litigation, eligible employees may use paid sick time for: Flu or other illnesses, Care of a sick family member, Medical appointments, or School/childcare closures for health reasons. Employers cannot discipline you for protected sick-time use, even if holiday staffing is tight. They can require notice according to their written policy, but they cannot punish legitimate ESTA use. Always follow the call-in procedure and keep a record of the request.

Yes — if the event is employer-sponsored, the law still applies. Holiday parties—even at restaurants, bars, or rented venues—are legally treated as work events when the employer sponsors or expects attendance. Sexual comments, unwanted touching, racist jokes, “handsy” coworkers, or drunken misconduct can create a hostile work environment under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA). Report the behavior in writing and keep screenshots, photos, or witness names.

They can, but it may be illegal retaliation under ELCRA or Title VII. If you report discrimination (race, age, sex, religion, disability, etc.) and immediately get hit with a Performance Improvement Plan, that timing is a red flag. Michigan law prohibits employers from retaliating against you for reporting discrimination. When the adverse action comes right after the complaint, that can show “pretext”—meaning the employer’s stated reason isn’t the real one. What to do: Save the PIP, emails, texts, and any write-ups. Write down the timeline — date you complained → date the PIP dropped. Don’t sign the PIP under pressure; get legal advice first. Batey Law regularly uses timing evidence to prove retaliation.

Until recently, Michigan was a Right-to-Work state — meaning employees in unionized workplaces could choose not to pay union dues, even if they benefited from the union contract. But in March 2023, Michigan repealed that law. As of February 2024, Michigan officially ended Right-to-Work, restoring the ability of unions to require dues or fees from all represented employees. Here’s what that means: If you’re in a union job, you may now be required to pay dues again as part of the collective bargaining agreement. If you’re not in a union, this change doesn’t affect you directly. What it does signal, though, is a broader shift — Michigan is reaffirming stronger worker protections and union rights statewide. Michigan rolled back Right-to-Work. If you’re union, dues are back. If you’re not, your rights at work still stay the same — and possibly stronger.

Timing is critical — waiting too long can cost you your rights. Here’s the breakdown for Michigan employees: Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) and Persons with Disabilities Civil Rights Act (PWDCRA), you generally have 3 years from the date of the discrimination or retaliation. Under federal law (like Title VII, ADA, or ADEA), you must file a charge with the EEOC within 300 days of the unlawful act. Whistleblower Protection Act (WPA) claims have just 90 days. The clock usually starts ticking the day you were fired, demoted, harassed, or retaliated against — not when you “figured out” something was wrong. Don’t wait. Some deadlines are months, others years — but missing one can end your case before it starts.

That depends — and it’s one of the most common mistakes people make before getting legal advice. If you’re facing harassment, discrimination, retaliation, or you’ve been fired, talking to HR first can help or hurt, depending on the situation. If your company has a policy requiring internal complaints (especially for harassment), it can help to report it, because it shows you gave the employer a chance to fix it. But if HR is already siding with management or you’re worried they’ll use your words against you, call an employment lawyer first. We can guide you on how to report — or if you should report at all. Remember: HR’s job is to protect the company. My job is to protect you. HR isn’t your enemy, but they’re not your lawyer. If your gut says something’s off, get advice before you speak.

Think of your first meeting like building the foundation of your case. The more details we start with, the faster we can spot the key legal issues. Here’s what helps most: Your employment documents: offer letter, contract, employee handbook, and any write-ups or evaluations. Key communications: texts, emails, or notes that show what happened — especially anything from your boss or HR. Timeline of events: when things started going wrong, what was said or done, and by whom. Pay records: pay stubs or timecards, if pay or overtime is involved. Medical or leave paperwork, if you took FMLA or asked for accommodations. And bring your story — your version of what happened, in your words. Don’t worry about making it perfect; my job is to help make sense of it legally. If it’s written down or proves what happened, bring it. If you’re unsure — bring it anyway. I’d rather have too much than miss something important.

While you’re on FMLA, your employer must continue your group health insurance just as if you were still working. That means the same coverage, the same plan, and the same employer contribution. The only catch? You’ll still need to pay your share of the premiums, just like when you’re on payroll. Usually that’s arranged through direct payments or deductions once you return. If your employer stops paying their portion or drops your coverage, that’s an FMLA violation — and it can be corrected or compensated through legal action. Your health insurance stays in place. You keep paying your part; they have to keep paying theirs.

Absolutely not. It’s illegal for your employer to fire, discipline, or retaliate against you for using FMLA leave — or even for requesting it. That means: You can’t be demoted or lose pay for taking approved leave. You can’t get negative performance marks tied to your absence. You can’t be replaced while you’re out. If your employer suddenly changes your role, criticizes your attendance, or “restructures” you out of a job right after you take leave — those are red flags for retaliation. That’s exactly the kind of situation Batey Law handles every day. You have the right to take care of yourself or your family without losing your job for it.

No, not for actual work. While on FMLA, your employer can reach out for administrative reasons — like asking where you left a project or checking your return date — but they can’t expect you to work or meet deadlines. If you’re being called, emailed, or pressured to perform tasks during your leave, that’s not okay. FMLA leave is meant to let you focus on your health or your family, not sneak in part-time work from home. A quick call to locate a file? Fine. Expecting you to “hop on a Zoom”? Not fine.

If you know you’ll need leave in advance — like for surgery, childbirth, or a scheduled treatment — you should give your employer at least 30 days’ notice. That’s the standard under the Family and Medical Leave Act (FMLA). But life isn’t always that neat. If something unexpected happens — an emergency hospitalization, a sudden diagnosis, a family crisis — you just need to tell your employer as soon as possible. The law recognizes that sometimes you can’t plan ahead, and your right to FMLA protection doesn’t disappear because of that. Give as much notice as you reasonably can. If you can’t, communicate quickly once you’re able.

First, document everything — your hours, pay stubs, and any messages about work time or pay. Then, talk to an employment attorney before filing a complaint. In Michigan, employees can bring claims under both federal law (FLSA) and state law, which often provides additional protections. The law also prohibits your employer from retaliating if you raise a wage or overtime issue. At Batey Law Firm, we help employees across Michigan understand their rights and recover what they’re owed — without fear of retaliation or “burning bridges.”

Not necessarily. Many employers misuse the “salaried” label to avoid paying overtime, but under the FLSA, your job duties — not your title or pay structure — determine whether you’re exempt. You might be exempt if you: Manage other employees and Have real decision-making authority and Earn at least $684 per week (as of 2024) But if you mainly do hands-on work or follow instructions rather than make major decisions, you may still be owed overtime pay — even if you’re salaried.

No. Any work you’re required — or even allowed — to do for your employer must be paid. That includes things like: Finishing reports after your shift Answering work texts or emails at home Putting on or taking off protective gear before or after your shift Bottom line: If your employer benefits from your time, that time should be paid. You can’t legally “volunteer” to work for a private employer.

Under the FLSA, you must be paid 1.5 times your regular rate for every hour worked over 40 in a workweek — unless you’re exempt. Common overtime violations we see include: Calling someone “salaried” to avoid paying overtime (that label alone doesn’t make you exempt). Asking employees to “clock out and finish up” — which is still compensable time. Averaging hours across multiple weeks to avoid overtime (not allowed). If you regularly work more than 40 hours and don’t see overtime pay, your employer may be violating the FLSA — even if they insist it’s “company policy.”

The Fair Labor Standards Act (FLSA) is a federal law that sets the ground rules for how employees must be paid in the U.S. It covers things like minimum wage, overtime pay, recordkeeping, and child labor. Most Michigan workers are covered, whether you’re paid hourly or salary. But not everyone is — for example, certain managers, administrators, or professionals can be exempt from overtime pay rules. In plain English: The FLSA is there to make sure you’re fairly paid for your time and effort — and not overworked or underpaid by your employer.

Here’s how to do it the right way: Notify your employer as early as possible — Ideally 30 days in advance if it’s foreseeable (like surgery or a due date). Submit a formal request — Follow your company’s policy (they may have a specific form). Provide medical certification — Your doctor will likely need to fill out paperwork confirming the condition qualifies under FMLA. Stay in communication — Especially if your return date changes or you need intermittent leave. Your employer must give you a Notice of Eligibility and your FMLA rights—so if that doesn’t happen, something may be wrong.

The FMLA is a federal law passed in 1993 that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons. The goal? To balance work and family responsibilities without forcing you to choose between your paycheck and your health—or your family’s well-being. In Michigan, FMLA rights are often paired with state laws or employer policies, so it’s important to check what additional protections you might have too.

The FMLA gives you job protection and peace of mind: Up to 12 weeks of unpaid leave per year for qualifying reasons. Job protection — your employer must give you your same job or an equivalent one when you return. Continued group health insurance coverage — at the same cost you were paying before. Employers can’t fire, demote, or discipline you for taking FMLA leave. If they do? You may have a legal claim under retaliation or interference.

FMLA leave isn’t just for personal illness—it covers several important life events: Birth of a child and bonding time after childbirth (for moms and dads). Adoption or foster care placement of a child. Serious health condition — if it prevents you from working or if you need to care for a spouse, child, or parent with a serious condition. Military family leave — to care for a service member or handle qualifying exigencies when a loved one is deployed. It must be a serious medical condition—think hospitalizations, chronic illnesses, or conditions requiring ongoing treatment.

To qualify for FMLA (Family and Medical Leave Act) leave, you must meet a few key requirements: Your employer must be covered — Typically, this means they have 50 or more employees within a 75-mile radius. You must have worked there for at least 12 months — These don’t need to be consecutive months. You must have worked at least 1,250 hours in the 12 months immediately before your leave — That’s roughly 24 hours per week. Example: If you work full-time at a large healthcare system in Michigan and have been there over a year, you’re probably covered.

Yes. Michigan is an at-will employment state, so you can be fired at any time, with or without cause or warning, unless: You have an employment contract or union agreement. You're protected by civil rights laws, FMLA, ADA, or other legal protections. The termination violates public policy, like firing a whistleblower or someone who filed a safety complaint. However, many companies follow their own progressive discipline policies—if your employer promised written warnings or has a handbook that requires it, that may be enforceable. If you were fired without a warning and suspect discrimination or retaliation, you may still have a wrongful termination case.

Yes—constructive discharge is when your employer makes working conditions so intolerable that a reasonable person would feel forced to quit. In Michigan, you may still have a case even if you resigned. Examples include: Ongoing harassment or discrimination. Retaliation after filing a complaint. Failure to address a hostile work environment. Courts hold these claims to a high standard—you must show that no reasonable person would stay in your position. Document everything and get legal guidance before quitting if possible

Michigan law does not require employers to give breaks to adult employees (18+), but: If an employer does provide a break that’s less than 20 minutes, it must be paid. Meal breaks (30+ minutes) are typically unpaid unless you're required to work during the break. Exception: Minors (under 18) must receive a 30-minute break after 5 continuous hours of work. Even if not legally required, many employers provide breaks for productivity and morale. But if you’re forced to work through breaks or off the clock, that could lead to a wage and hour claim—and you should call Batey Law Firm immediately.

Great question—these are two separate but often linked violations: FMLA interference happens when your employer denies, discourages, or interferes with your right to take leave (like denying leave for a serious health condition or making you work while on leave). FMLA retaliation occurs after you’ve taken or requested leave and your employer punishes you for it (like firing, demoting, or reducing your hours). In Michigan, you're protected under the federal FMLA and also under state laws that may support medical leave or disability accommodation. If you suspect either interference or retaliation, you have a right to legal action.

No. The Michigan Whistleblowers’ Protection Act (WPA) protects employees who report legal violations—or even suspected violations—to a public body or law enforcement. Your employer cannot retaliate (fire, demote, harass, or discipline you) for: Reporting illegal conduct. Participating in investigations. Refusing to break the law. If retaliation occurs, you may be entitled to reinstatement, back pay, damages, and attorney fees. You don’t need to prove the employer actually broke the law—just that you reasonably believed they did.

Both laws protect employees from discrimination, but here’s the key distinction: ELCRA (Michigan’s Elliott-Larsen Civil Rights Act) is a state law. It applies to employers with just 1 or more employees and protects against discrimination based on race, sex, age, religion, national origin, height, weight, marital status, and more. Title VII is a federal law that protects against discrimination based on race, sex (including pregnancy and sexual orientation), religion, color, or national origin, but only applies to employers with 15 or more employees. Which one helps you? In Michigan, ELCRA is often stronger and broader. You can pursue claims under both depending on the situation, but ELCRA gives you more coverage locally.

We look at evidence. If “personality” only becomes a problem after you disclose a disability, return from leave, or report bias, that’s a red flag we investigate.

No. Requesting a lawful accommodation is protected. Retaliation for asking can be its own claim.

Usually it helps to report issues using the policy or to HR. If you fear retaliation or already tried and nothing changed, we’ll discuss strategic options, including external filings.

Decisions or harassment driven by a protected characteristic (age, race, religion, sex/pregnancy, sexual orientation/gender identity, disability, national origin). Look for patterns: who gets opportunities, who gets disciplined, and what changed after you complained or requested an accommodation.

Your timeline, policy/handbook, performance docs, messages, witness list, and any report confirmations.

Retaliation for a good‑faith report is illegal. If hours, duties, or evaluations suddenly change, call us.

Repeated “jokes,” sexual comments, or images can be harassment—especially after you say stop. Document it.

Quid pro quo ties job benefits to sexual conduct; hostile environment is severe or pervasive harassment that poisons your workplace. Both are illegal.

Often yes—policies expect it and juries look for it. If you fear retaliation or the harasser is HR, call us for a strategy that still protects your rights.

Often, yes—especially in restructurings or when you’ve hit performance milestones.

Varies by level/tenure. We benchmark and push for cash, benefits, and clean references.

Options may remain—especially for overbroad terms, lack of consideration, or changes in duties.

It depends on scope, role, and state law. Narrowing or buyout terms are often possible.

Most agreements are negotiable. We focus on money, restrictions, and reputation.

Retaliation protections generally cover participation and opposition—including being a witness.

We test that story. Sudden negative reviews after years of positives, new rules applied only to you, and shifting explanations are classic signs of pretext.

Remedies can include reinstatement, back pay, and other relief. Deadlines are short (often about 90 days to sue). Some agency filings (MIOSHA/OSHA) have about 30 days. Call promptly so we can preserve your rights.

Under the WPA, protection centers on reporting to a public body or participating in an official investigation. Other laws protect internal complaints too (e.g., EEOC/ELCRA, FMLA, ADA/PWDCRA).

That’s a red flag. Employers must consider reasonable accommodations that allow you to perform essential functions.

Often yes—especially short, fixed periods or intermittent time off tied to treatment

Usually HR needs functional limitations, not your full diagnosis. We’ll help tailor documentation to what the law requires.

No. Neutral attendance policies cannot penalize FMLA‑protected time off.

If your employer is covered and you’ve worked at least 12 months and 1,250 hours in the last 12 months, likely yes. We’ll confirm and map the cleanest path.

Deadlines can be short (some 30–90 days). Call promptly so we can preserve claims and evidence.

Options can remain (timing issues, coercion, overbroad restrictions). Bring what you signed; we’ll review.

Often helpful and sometimes required by policy. If it isn’t safe—or hasn’t worked—we’ll map alternatives

Yes. At‑will doesn’t allow illegal reasons (discrimination, retaliation, leave/ADA issues) or breach of contract.

Timeline (dates), names/titles of people involved, offer letter/handbook, reviews, write-ups, emails, messages, schedules, leave/medical paperwork, pay stubs. Save it—don’t edit files. We’ll organize it

It’s when conditions are so intolerable that a reasonable person would feel forced to resign. If those conditions stem from discrimination or retaliation, you may still pursue damages as if you were fired.

Possibly. Firing because you took or requested protected medical or family leave can be unlawful (FMLA retaliation). If you were denied a reasonable accommodation or punished because of a disability, ADA/PWDCRA may also apply

Yes—if the real reason violates the law (e.g., discrimination, retaliation, FMLA/ADA issues, whistleblowing, public policy). Lack of warning alone isn’t illegal, but it often exposes an unlawful motive.

In Michigan, wrongful termination occurs when an employee is fired in violation of their legal rights. While Michigan is an "at-will" employment state—meaning your employer can terminate you for almost any reason or no reason at all—there are key exceptions. You may have a wrongful termination claim if you were fired: Because of your race, age, gender, religion, disability, or other protected class under the Elliott-Larsen Civil Rights Act (ELCRA) or Title VII. In retaliation for reporting illegal activity, refusing to break the law, or filing a complaint. For taking protected leave under FMLA or requesting ADA accommodations. As a whistleblower under the Michigan Whistleblowers’ Protection Act (WPA). Just because your employer says the termination was for performance doesn't mean that's the real reason. Document everything and speak to a knowledgeable employment lawyer (like Scott Batey) as soon as possible.