Legal Question in Employment Law in Michigan

Re: Past Employer Threats

Michigan law provides that an employer may not make an unauthorized deduction from the paycheck of an employee. This includes deductions for losses or damages incurred as a result of improper action of an employee. The employer must pay all wages no later than the regular pay cycle.

The remedy for an employer who has a claim against its employee or former employee is to bring a lawsuit. If the employer is successful in the lawsuit, then, it may collect the judgment like any other judgment creditor. It may not hold onto money of the employee until the court decides whether the employer is entitled to it. Doing so is a "prejudgment garnishment" which is prohibited under Michigan law.

Usually, the Wage & Hour Division of the Department of Labor & Economic Growth can assist in these matters. It can be reached at 517.322.1825.

Additionally, contacting the new employer of a former employee, for the purpose of interfering with the new employment relationship may entitle the employee to relief in court, if the new employment is adversely affected. On the other hand, if the employee previously authorized the former employer to contact the new employer as a reference, then the contact could be proper, especially if the employee failed to follow rules or procedures clearly stated by the former employer. Additional facts concerning the contact are necessary to evaluate this issue.

You should contact an attorney, the Michigan Department of Labor & Economic Growth, or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response.