Answers Posted By Brad Glazier

Answer to Lose severance if fired after giving notice?

You might. It all depends on the terms of the contract. If you would like me to review and have a meeting to discuss your contract rights, call me office. 616.458.6814.

Brad

posted Nov 18, 2019 11:44 AM [EST]

Answer to Can my employer force me to sign a non compete agreement, after being employed for almost 6 years?

You don’t have to sign the new agreement. The company could fire you if you don’t. But they cannot refuse to pay you for past work. If they do that contact the State of Michigan wage and hour agency in Lansing.

posted Mar 21, 2019 5:59 PM [EST]

Answer to Non compete in employee hand book.

This is known as a non-solicit provision. Such provisions are usually upheld. If you sign an acknowledgment that you received the handbook, the terms of the handbook will be binding on you in most cases.

If you are looking for a legal opinion, you should retain an experienced lawyer for specific advice.

posted Nov 15, 2018 09:35 AM [EST]

Answer to In Michigan, my company has terminated my position. They are telling me my non compete is still valid. I believe that their non compete says they can do this, but in Michigan do I have any rights.

Non compete agreements are valid in Michigan, even for employees who are fired, so long as they are supported by a legitimate business interest, and are reasonable in length and geography. I would need to review the agreement and discuss your circumstances to know what a court might do with the agreement.

posted Jul 19, 2017 11:53 AM [EST]

Answer to Can my company cut my pay rate and give lower level job to me on returning from short term disabilty

Did you begin STD before or after your one year anniversary? If you worked for the company for less than a year when you took STD, you would not be covered by the Family and Medical Leave Act. The FMLA requires the company to hold your job open for 12 weeks. If you are covered by the FMLA, please give me a call.

posted Mar 1, 2017 12:46 PM [EST]

Answer to On FMLA but employer suddenly wants a dr. note with every absence

An employee on intermittent leave is not required to submit a doctor's note for each absence. Jackson v. Jernberg Industries Inc., 677 F. Supp.2d 1042, 1049 (N.D. Ill. 2010) (“Protecting the employee against overzealous employers, though, the FMLA regulations limit how often and with what notice an employer may demand certification.”, citing 29 C.F.R. §825.305(b) & (e). “Here, by requiring that Jackson seek out a doctor's note for each of his absences, Jernberg's doctor's-note policy discouraged Jackson from taking his FMLA-certified leave.”). Id., p 1052. See also, Oak Harbor Freight Lines, Inc. v. Antti, 998 F. Supp. 2d 968, 978 (D. Or. 2014) (requirement that employees provide a doctor's note for each intermittent absence violated the FMLA).

I suggest that you produce a copy of he applicable regulation: 29 CFR 825.305, to your HR department and let them know that you are not required to produce the doctor's note. A Google search should produce a copy of the regulation.

posted Dec 10, 2015 09:41 AM [EST]

Answer to My Employer in Violation of FMLA Laws?

One of the reasons for intermittent leave for chronic condiditions is to avoid the necessity of getting a doctor's excuse for every absence. Your self reporting of an absence along with the reason for the absence (your FMLA approved condidtion) is sufficient under the law. So, to answer your question, no, you don't need a doctor's excuse for each asbsence so long as you have a medical certfication in place.

posted Aug 8, 2011 06:41 AM [EST]

Answer to My previous employer Stop Payment'd my last check for multiple reasons, what can I do?

Contact the Wage & Hour department in Lansing. Phone is 517.335.0400. Michigan's payment of wages act requires employers to pay employees through their last day worked and prohibits deductions from paychecks without the employee's written consent. The agency should contact your employer on your behalf.

posted Jul 8, 2011 05:42 AM [EST]

Answer to Can my employer make me pick up my last paycheck?

I don't see anything in Michigan's Payment of Wages Act that covers this situation. You might try contating the wage and hour division at (517) 335.0400. They may be able to help.

posted Jul 1, 2011 11:41 AM [EST]

Answer to Can I keep the sign-on bonus if I am fired?

As I read that language, if you decide to quit, you are obligated to pay. If they (the company) decide to fire you or lay you off, you would not have to pay. But I would need to see the whole contract to give you any definitive advice.

posted May 3, 2011 10:26 AM [EST]