Legal Question in Business Law in Michigan

What is owed to an employee who ''walks out'' or quits?

Concerning wages and previous hours worked, what is legally owed to an employee in the following two circumstances? (1) walks out on the job before their shift is over is terminated as a result. (2) quits by way of calling their supervisor and making known they no longer work for the company?

We are a small business of 15 employees and recently ran into this situation.

Thanks so much for considering our question. We appreciate your service very much.


Asked on 11/01/04, 11:30 am

2 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: What is owed to an employee who ''walks out'' or quits?

I'm not sure what you are asking. Are you asking if that person is entitled to get paid. The answer is "yes," if only for the actual time they worked. Otherwise, any severence is a matter of contract. For more info, please contact my office at (248)851-3171.

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Answered on 11/02/04, 11:24 am
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: What is owed to an employee who ''walks out'' or quits?

Where an employee voluntarily leaves the place of employment before the time specified by the employer, the employee is at risk for being deemed a voluntariliy quit. Obviously, a variety of circumstances could excuse the employee's leaving, but, if the employee's action is unjustified, the employer may treat it as if the employee quit.

Additionally, leaving prior to the end of the shift could be a violation of the rules set by the employer. That violation may be a justification for terminating the employee. It should be noted that, in Michigan, employment is "at will" meaning that either the employee or the employer may terminate the relationship with or without cause, and with or without notice. One limitation on this is that the employer may not terminate employment without cause, if it has agreed that employment would be terminated only for good cause. Another limitation of this rule is that "at will" cannot be used to excuse a violation of other employment laws, such as a violation of civil rights.

If the employee has notified the employer that the employee has quit or otherwise terminated the employment, then the employer may consider that to be a voluntary termination by the employee. It is wise for the person who received the notification to draft a memorandum of the discussion, date it, sign it, and retain it in the personnel file of the employee.

Upon termination of employment, Michigan law requires that all wages and compensation due the employee for the last period be paid immediately to the employee.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

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Answered on 11/04/04, 3:26 pm


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