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Michigan Employment Law: Employment law regulates and establish guidelines for employers about the way they have to treat their past and present employees, as well as people who apply to them for jobs. Michigan employment law Attorneys specialize in a wide variety of employment law practices which are:
- Employment discrimination
- Sexual harassment
- Sexual discrimination
- Age discrimination
- Racial discrimination
- Wage and hour claims
- Wrongful termination
- Employment and labor contracts
- Family medical leave
- Occupational safety and health act
- Federal employers liability act
- Non-competition Clauses
- Family and Medical Leave Act
Employment law attorneys of Michigan state that under federal law an employer is not bound to hire, or promote the most qualified applicant. But the employer have to be fair and cannot base decisions on personal characteristics that do not relate or concern with job. These characteristics are:
- Age
- Race
- Sex
- Religion
- National origin
- Disability
- Pregnancy
An employer cannot consider the above characteristics when taking crucial decisions like:
- Promotions
- Job Assignments
- Termination
- Wages
An employee cannot be terminated:
- For not agreeing to break law
- In retaliation for filing a discrimination or safety claim
- For taking leave under Family and Medical Leave Act
- For any actions that are not mentioned in the employment contract
Sexual Harassment: Despite longstanding legislation outlawing sexual harassment, it continues to be a serious problem for many women in the workforce. Many employers frequently try to cover up incidents of sexual harassment and ultimately its the women who suffer punishment or is terminated for complaining. Michigan sexual harassment attorneys state that usually employers do not give any importance to the pain and suffering caused to the victims, who are often forced to opt between the extreme strain of working in a hostile environment or do not earn any income. A person experiencing sexual harassment needs sound legal advice. Recent court decisions have created further complexities and legal barriers to the successful pursuit of sexual harassment claims. Only a knowledgeable personal injury lawyer of Michigan, who is familiar with the dynamics of how employers deal with sexual harassment can achieve a just outcome for a victim of sexual harassment.
Safety of Workplace: According to the requirements of federal and state laws most employers must provide a place of employment that does not have any recognized hazards that are likely to cause death or serious physical harm to employees. In most instances, an employee may anonymously complain to a state or federal agency about an insecure or hazardous work premises and seek protection against employer reprisals. Michigan workplace injury claim attorneys state that besides having federal and state laws, there is a Michigan Occupational Safety and Health Act of 1974 that govern and monitor dangerous working conditions. The Michigan Occupational Safety and Health Administration is continuously in the service of provisioning safe and healthy environment for Michigan employees.
Wage and Hour claims: In Michigan, a non-exempt employee who has done overtime is entitled to get paid for the extra hours of work. Sometimes a company try to avoid that by re-classifying the person as manager.
Age Discrimination: State law of Michigan terms it unlawful if an employer, employment agency, or Labor Union has discriminated in employment against anyone because of his or her age. That person can claim damages if it is proved that the said person has not been considered for employment or promotion because of age. According to opinions expressed by employment claims attorneys of Michigan, an individual who has been refused employment or fired by an employer merely on the basis of age can claim compensation from the employer. It also includes an individuals compensation, terms, conditions, privileges of employment and all employee benefits.
Wrongful termination law:
Lawyers of Michigan specializing in wrongful termination claims argue that to be considered wrongfully terminated under state and federal law, the termination must offend some fundamental public policy, like a state or federal statute, regulation, or constitutional provision. For example, if an employer coerces a worker to break a law, ordinance, regulation or statute, and the employee complains about it, such as a failure to pay overtime, failure to provide lunch breaks, failure to provide family or medical leave, late-payment of salary or wages, or workplace safety issues, and is fired in retaliation, that would make up an actionable claim for wrongful termination.
Disability Claims in Michigan:
Rehabilitation Act protect workers having disabilities. Disability Claims Attorneys of Michigan describe disability as someone who has a physical or mental impairment that restricts a major life activity substantially, has a record of suffering from some kind of physical or mental impairment.
The term is broadly defined as any impairment which is physiological, mental or physiological, but cannot be called just physical characteristics or cultural, environmental, or economic impairment. If the impairment is causing substantial limitation to a major life activity then a disability claims attorney can file claim against an individual, employer or a company. The only exceptions are certain temporary conditions like a broken arm or flu, that are not considered substantial limitations.
Family Medical Leave Act Claims: The Family and Medical Leave Act of 1993 was formed for the benefit of employees for fulfilling challenging demands of home and family. It is applicable only to those companies who have an employee strength of more than 50 employees or if more than one location, within a 75-mile radius with the same number of employees. The act enable workers to take time off and tend to their family responsibilities and needs. An employee can claim up to 12 weeks of unpaid leave and the employee at the end of that period is entitled to return to the same or similar position in the company. If there is a violation and employee has not been allowed leave for situations like chronic or terminal illness of a spouse or close relative, birth or adoption of a child and employee illness then that employee must consult family medical leave act claims attorney in Michigan to file an appeal.
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