Has your employer mistreated you? Do their actions contradict what they said in an employee handbook or employment contract? Have you been subjected to wrongful discrimination, sexual harassment, or unlawful retaliation and/or termination?
If so, you might qualify for a legal remedy under either Michigan or Federal law.
To determine the full nature and extent of the rights you have under Michigan and Federal employment laws, you should retain the services of a serious Michigan employment law attorney for legal representation.
On this page, you’ll learn more about:
- Wage and Hour Disputes
- Employer Retaliation
- Workplace Discrimination
- Workplace Sexual Harassment
- Workplace Bullying
- Wrongful Termination
- Employment Contracts
- Legal Protections for Non-Traditional Employees
WHY CALL FIEGER LAW?
Hundreds of Millions of Dollars Recovered for Clients
Sexual harassment, discrimination, unjust termination—these are just a few of the abuses that employers inflict upon their employees. In most cases, it’s a violation of your civil rights, and it’s not acceptable.
Geoffrey Fieger and the employment law attorneys at Fieger Law don’t tolerate these types of abuses, and neither should you. We have represented hundreds of workers whose civil rights were trampled upon in the name of corporate greed and profits. We fight for the truth and we win.
Our Michigan Employment Law Attorneys Protect Your Rights
Employment laws are intended to keep employees safe and ensure they get treated fairly in the workplace. They began in the early 20th century and have continually expanded and evolved to create safe working environments, non-discriminatory hiring practices, a minimum wage, and more.
Millions of workers benefit from these laws, but employers don’t always observe or follow them. When workers get victimized by greedy employers, they need experienced legal advocates on their side to help them get the money they deserve.
Our firm can help you with many employment law issues, including:
- Minimum wage violations
- Wrongful termination
- Employment contracts
- Sexual harassment
- Discrimination (gender, race, religion, age, pregnancy, military service)
- Fair Employment and Housing Act (FEHA) violations
- Retaliation and whistleblowing
- Overtime pay disputes
- Workplace violence
- Family Medical Leave Act (FMLA) violations
- Unfair or unenforceable non-compete contracts
- Required tip sharing
- Forced to work off the clock
- Misclassified as an independent contractor
- Improperly paid by the job/piece/install
Whether you are transitioning to a new job, leaving an old job, or simply encountering unfair changes in your employment, the team at Fieger Law can protect your civil rights.
WAGE AND HOUR DISPUTE LAWSUITS
In many employment lawsuits, employees or former employees are entitled to back pay for any money rightfully owed to them by an employer. This is especially common in minimum wage and overtime disputes.
Tip Pooling
Tip pooling is common in the restaurant industry, but also occurs in any industry where tipping is common. It involves employees putting their tips in a pool, which is then gets distributed to a larger group of workers.
Under the Fair Labor Standards Act, tip pooling is only legal when it includes employees who customarily and regularly receive tips. That means it can’t include managers, dishwashers, cooks or janitors. Employers must also notify workers of tip pool contribution requirements.
Though the above practices are illegal, they are still far too common in the service industry. In some cases, they happen at large chain restaurants located throughout the U.S.
Truck Drivers Misclassified as Independent Contractors
In the trucking industry, misclassification of workers is a serious problem. Trucking companies save costs when they classify drivers as contractors instead of employees. That’s because they aren’t legally required to offer the same pay and benefits to contractors as they are to employees.
Establishing misclassification in the trucking industry can be complex. The Department of Labor says one of the biggest factors that determines whether a driver is a contractor or an employee is the level of economic dependence the driver has on a company giving them work.
Typically, employees are workers who follow the “usual path of an employee” and are dependent on the business they serve. The Supreme Court considers the following six factors important when determining the appropriate classification of a worker:
- The extent to which the worker’s services are an integral part of the employer’s business.
- The permanency of the relationship between the worker and the company. For truck drivers, this might include how long they have worked for the trucking company.
- The amount of the worker’s investment in facilities and equipment. That might also include the driver’s investment in their vehicle or vehicle components.
- The nature and degree of control by the company versus that of the driver.
- The worker’s opportunities for profit and loss.
- The level of skill required in performing the job and the required amount of initiative, judgment, or foresight in open market competition with others for the claimed independent enterprise to succeed.
As you can see, truck drivers often exhibit attributes of an employee, though they are often classified as independent contractors. This leads to an untenable work environment where trucking companies get the perks of having an employee without the costs of paying them adequately.
Minimum Wage Violations
Your employer is required to pay you either the federal or state-mandated minimum wage, whichever is higher. Workers in Michigan older than 18 are entitled to at least $9.87 per hour. Even full-time salaried workers must have an annual pay that satisfies the minimum wage when accounting for a 40-hour workweek.
Overtime Violations
Whether you are salaried or hourly, if you work longer than 8 hours in a day, 40 hours in a week, or more than 7 days consecutively, you are entitled to overtime—period.
You are not required to have “approval” for overtime, nor are employers required to be aware that you worked overtime. As soon as they know you have worked extra hours, you deserve that extra pay for those hours.
If your employer has refused to pay you your rightful wages, turn to Fieger Law. We have taken on big businesses that thought they could get away with cheating their employees. We won’t let that stand—we’ll file a claim to make your employer pay every dime they owe you, as well as potential penalty fees based on how long their violations went unaddressed.
EMPLOYER RETALIATION
In the U.S., employees have many guaranteed rights. When they exercise those rights, employers can’t retaliate against them by firing, demoting, reducing wages, excluding them from activities/events, or reassigning or rescheduling them to impose an undue hardship.
Some of the legally protected actions of employees that most commonly result in retaliation by employers include:
- Refusing to perform illegal activities at the employer’s request, including those that would result in discrimination against another employee
- Filing for workers’ compensation benefits
- Being a witness in a lawsuit against the employer
- Whistleblowing
- Filing a complaint about discrimination or harassment
- Asking for a leave of absence under the Family and Medical Leave Act
- Resisting sexual advances or intervening to protect others
- Requesting accommodation of a disability or for a religious practice
- Asking managers or co-workers about salary information to uncover potentially discriminatory wages
DISCRIMINATION
Workplace discrimination is a common source of employment lawsuits. It may include discrimination against a worker because of their:
- Sex
- Age
- National origin
- Race
- Sexual orientation
- Disability
- Religion
- Pregnancy
In practice, workplace discrimination often includes:
- Refusal to hire
- Failure to promote
- Failure to raise pay
- Termination
- Failure to provide equal opportunities
- Having company policies that discriminate against certain groups of workers
SEXUAL HARASSMENT
Employees and job applicants in the U.S. have protections against harassment based on their sex. Sexual harassment claims often, though not always, involve actions or words that are sexual in nature. That includes:
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal harassment of a sexual nature
- Physical harassment of a sexual nature
Not all cases of harassment are directly related to sexual advances. Harassment can also include making offensive remarks about a person’s sex. Even teasing or making offhand comments about a person’s gender can be illegal if it causes a hostile or offensive work environment or when it results in a negative employment decision, such as demotion or termination.
Workplace Bullying
Workplace bullying is a serious issue. Bullying can have serious negative impacts on employees’ mental health, job performance, and overall well-being. It involves repeated actions of intimidation, degradation, and humiliation by one or more employees.
Common forms of workplace bullying include:
- Verbal abuse or threats
- Constant criticism or micromanagement
- Exclusion from meetings or social events
- Rumors or gossip
- Sabotaging work or setting unrealistic deadlines
- Withholding necessary information or resources
Effects of workplace bullying can include:
- Increased stress and anxiety
- Depression and lowered self-esteem
- Physical health problems
- Decreased job satisfaction and productivity
- Higher rates of absenteeism and turnover
Victims of workplace bullying may have legal recourse under various state and federal laws, depending on the nature of the bullying and the protected characteristics of the victim.
If you’re experiencing workplace bullying, it’s important to:
- Document ALL incidents, including dates, times, locations, and witnesses
- Report the behavior to your supervisor or HR department
- Seek support from colleagues, friends, or mental health professionals
- Consult with an experienced employment law attorney to understand your rights and legal options
An attorney can help you through the legal process of holding workplace bullies accountable by advocating for your rights.
WRONGFUL TERMINATION
If you lost your job on illegal grounds, you’re entitled to sue your employer in a wrongful termination lawsuit. Wrongful termination is the most common basis for employment-related lawsuits and includes firing someone based on their membership in any protected class (i.e., for having a disability, for being a certain race or gender, for belonging to a certain faith, for reaching a certain age, etc.).
Workers are also protected from termination as a form of retaliation. This includes getting fired for:
- Reporting an employer’s workplace violations
- Filing a workers’ compensation claim
- Suing an employer for discrimination
- Taking family or maternity leave
- Filing a sexual harassment complaint
You may have been subjected to wrongful termination if you took any of the above actions and subsequently got fired. Your employer will never admit their wrongdoing, but Fieger Law knows how to handle big businesses and employers. We will conduct the investigations that reveal your firing for what it is: discriminatory and wrong.
Understanding Employment Contracts
Employment contracts are legal agreements between employers and employees. They should outline the terms and conditions of employment. These documents play a major role in defining the rights and responsibilities of both parties, helping manage expectations.
Key aspects of employment contracts are:
- Non-compete agreements: These clauses restrict an employee’s ability to work for competitors or start a similar business for a specified period after leaving the company. It’s essential to understand the scope, duration, and geographical limitations of these agreements. They could greatly restrict you from working in your industry.
- Confidentiality agreements: Also known as non-disclosure agreements (NDAs), these clauses protect an employer’s sensitive information and trade secrets. Employees should be clear on what information is considered confidential and the consequences of breaching this agreement.
- Compensation and benefits: This section outlines salary, bonuses, stock options, health insurance, retirement plans, and other forms of compensation.
- Job responsibilities and performance expectations: A clear description of the role, duties, and performance metrics helps prevent misunderstandings and potential disputes.
- Termination clauses: These outline the conditions under which employment can be terminated and any associated severance packages or notice periods.
- Dispute resolution procedures: Some contracts specify how conflicts between the employer and employee should be resolved. For example, an employment contract may require disputes to go through arbitration or mediation before pursuing a lawsuit.
Understanding these elements of any employment contracts in play goes a long way to protecting your rights— helping you making informed decisions about your career. An experienced employment law attorney can help you:
- Review and explain complex contract language
- Negotiate more favorable terms before signing
- Identify potentially unfair or unenforceable clauses
- Advise on the implications of specific contract terms on your future career options
- Ensure that your rights are protected throughout your employment
By seeking legal counsel, you can gain a clearer understanding of your employment contract and make decisions that align with your best interests.
Legal Protection for Non-Traditional Employees
Since the Covid-19 pandemic, an increasing number of individuals are engaged in non-traditional employment arrangements. While these arrangements offer flexibility, they often come with unique challenges regarding legal protections. Here’s an overview of the rights afforded to part-time workers, temporary employees, and gig workers/contractors:
Part-Time Workers: Part-time employees may enjoy some of the same legal protections as full-time workers. They include:
- Protection against discrimination and harassment
- Eligibility for overtime pay if working more than 40 hours per week
- Right to safety
- Family and Medical Leave Act (FMLA) benefits, if they meet hour requirements
- Possible health insurance and retirement benefits, depending on employer policies and the Affordable Care Act requirements
Temporary Employees: Temporary workers, often hired through staffing agencies, have rights under both federal and state laws. These include protection against discrimination and harassment from both the staffing agency and the client company, the right to a safe work environment, and eligibility for overtime pay. They may also be eligible for health insurance through the staffing agency, depending on hours worked, and typically receive workers’ compensation coverage from the staffing agency.
Gig Workers/Independent Contractors: The classification of workers as independent contractors versus employees is a complex and evolving area of law. Generally, independent contractors have more control over their work schedule and are solely responsible for their own taxes and benefits. They are not covered by most employment laws, including minimum wage, overtime, and anti-discrimination protections.
However, it’s not unusual for employees to be misclassified as independent contractors. If this is the case, they may be entitled to minimum wage and overtime pay, unemployment insurance, workers’ compensation, and protection under anti-discrimination laws.
Recent legal developments in some states aim to provide more protections for gig workers, including minimum earnings guarantees, occupational accident insurance, anti-discrimination protections, and the right to organize and collectively bargain.
It’s important for non-traditional employees to understand their classification and the rights they have under the law. An experienced employment law attorney can help determine whether you are classified correctly and advise on your rights and protections under current laws as a non-traditional employee.
CONTACT OUR EXPERIENCED MICHIGAN EMPLOYMENT LAWYERS
An individual’s ability to pursue an honest and decent livelihood is so important that both federal and state laws have established legal standards to ensure employers don’t take advantage of their employees.
At the offices of Fieger Law, we’re passionate about representing employees in Michigan in various employment law matters. We are dedicated to making sure you can earn a decent living and that your hard work gets properly rewarded.
If you or a family member’s civil rights have been violated at work, Geoffrey Fieger and the Michigan employment lawyers at Fieger Law can help.
Call 1-800-294-6637 or tell us about your case using our simple online form. In a free consultation, we can explain your options and tell you how we can help you.
