Legal Question in Landlord & Tenant Law in Michigan
Can the boss take money in this manner
My friend rented a house on a month to month basis with no contract from the boss who employs her.
The boss owns a small (10 employees) family run business in which she is not a member of the family. Payroll checks are cashed on site, as the boss claims it helps with the business books. However, one member of the business does not cash her check in the office.
Earlier this month, the boss began removing money from her check, claiming he is collecting on the back rent. She did not authorize him taking money from her. The boss claims he will keep track of money removed.
Does she have any options for stopping this? She is afraid that if an argument about this is started, the job will become hostile or she may lose it.
At the end of June, she moved from the rental into a new location. The landlord at that moment claimed that a sixty day notice had to be given, she says it was only thirty. The landlord also claimed she owed a month of back rent, but he does not know which one and she is missing one check stub.
1 Answer from Attorneys
Re: Can the boss take money in this manner
First, is sounds as if there are two issues here. One employment and one landlord tenant. If there is no court judgment providing the right to remove money from the check I see no reason on the facts presented that allow the employer to remove fund from the check.
Secondly, it appears there is a concern about the rent owed and notice given that is in conflict since this is an oral, month to month lease.
Given the employment concern and removal of funds from a check I would advise your friend to consult with an attorney soon to protect her rights and finances. In this case by using an attorney she will be documenting and protecting herself from claims her employer may use to terminate her.
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