Legal Question in Employment Law in Michigan
contract dispute
I had a contract with my employer that required 60 days notice before leaving his employment. I was only able to give 30 days notice before leaving. My employer is refusing to release my last paycheck because of this. What can I do to get my paycheck? On this same contract he was obligated to pay me on the first of the month (my check was late 4 of the 6 months i worked there) and give me a 90 day review(he did not). We also had a verbal agreement about equipment that he would provide which he did not follow through on.
1 Answer from Attorneys
Re: contract dispute
Michigan Compiled Laws provides, at Section 408.475, that "An employer shall pay to an employee voluntarily leaving employment all wages earned and due as soon as the amount can with due diligence be determined."
If the employer believes that it has been damaged as a result of a failure of the employee to give the agreed amount of notice, the employer may commence a lawsuit against the employee for damages. The employer may not, however, use a self-help method such as withholding pay which has been earned by the employee.