Question 1

1. You’re Hiring for a New Position

Accepted Answer

Different employment rules apply to different types of positions. If you are establishing a new position, it is important that you accurately classify the role.

For example, depending on the person’s duties, salary, and method of payment, an employee may or may not be exempt from overtime, breaks, and other rules imposed by the federal Fair Labor Standards Act. Additionally, specific rules govern whether you can classify someone as an independent contractor rather than an employee.

Misclassifying a role can have hefty financial consequences. An employment attorney can help you understand the rules that apply to you and make sure you are in compliance.

Question 2

2. You’re Establishing Employment Policies and Creating an Employee Handbook

Accepted Answer

It is always a good idea to have written employment policies contained in an employee handbook. This helps create expectations for your employees and can protect you in the event of a lawsuit.

An employment lawyer can help you craft your policies and create a handbook that complies with all federal and state laws. This may also include policies that define your obligations to your employees and limit your liability. Even if you decide to draft your own handbook, it is a good idea to have an employer attorney look it over for any legal issues.

Question 3

3. You Want to Fire an Employee

Accepted Answer

Like most states, Michigan is an at-will employment state, which means that an employer can typically fire an employee at any time for any legal reason or no reason at all. However, you can’t legally fire an employee:

For a discriminatory reason, such as their race, religion, or sex;
Because they have used benefits to which they are legally entitled to, such as Family Medical Leave or Workers’ Compensation, or are soon going to collect such benefits;
For a retaliatory reason, such as their filing a harassment complaint; or
In violation of the terms of an employment contract.
If you are concerned about firing an employee an attorney for employers can help you navigate the process and advise you about how to move forward and limit monetary exposure.

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