Legal Question in Civil Litigation in Michigan

I have recently left an employer (corporation) that is refusing to pay my profit sharing benefits that I have earned during my time of employment. They are claiming that the benefit only applies to currently employed workers and that anything I accummulated was forfeit upon my leaving the company. There is no company documentation that supports their position (Handbook/Policy) The amount would be around 1500-1800 dollars. I would like to persue this in court, but in order to prove my casethe former employer you need to be made to produce financial accounting documents to support my claim that I am due this unpaid aspect of my wage. What court system should I file the case in to force them to produce these financial records?


Asked on 4/08/12, 8:55 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Some judges will not let you file a small claims case because you are suing a corporation and corporations cannot represent themselves because whoever represents the corporation would be practicing law without a license. However, some are more lenient. If so, file in small claims and use subpoena power to get the information you need from the corporation. Otherwise, file in the regular civil court. Allege "conversion" and if proven, you'd be entitled to treble damages.

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Answered on 4/08/12, 12:51 pm


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