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Michigan Laws Concerning Employment Termination

The state of Michigan allows employers to fire employees without a reason in most cases, although some exceptions apply. If a terminated worker believes that her employer has violated state or federal labor law by firing her, she can file a claim with the U.S. Department of Labor, the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Labor, depending on the type of violation. Terminated employees do not have a right to severance or unused vacation pay unless the employer outlined these obligations in an employment contract.

How to Legally Lay Off Employees

Due to federal antidiscrimination laws, you must know whether laying off an employee violates any legal standards. This knowledge will also protect you in case a disgruntled former employee takes you to court. Follow these steps to learn more.

What are Virginia's Laws on the Termination of Employment?

Virginia is an "at will" state for workers. Generally, an employer has the right to fire someone at any time, for any reason. Even if the employee gives two weeks notice, the employer may then tell him to leave. Union or individual employee contracts may limit the employer's powers. Virginia law also gives some exceptions to the at-will rule. For example, one statute prohibits firing a worker for absenteeism when he's absent because of a work-related injury.

Definition of a Control Test of a Contract of Service

To understand the concept of the control test, you need to know a little about employment law, which, in the U.S., is closely connected to contracts. The control test is a way of testing an employment contract to determine who is or is not an employee of a company. The rights, responsibilities and benefits given to a party depend upon this test.

How to Calculate Damages in Employment Litigation

If you are involved in an employment litigation lawsuit—either as an employee who is suing or as an employer being sued—it is important to know what potential damages exist. Understanding what damages exist can help you determine what verdict a jury is likely to award and can help determine what an appropriate damage amount is if the case is going to be settled out of court.

By Law, Can I Request a Termination of Employment Letter?

There's no federal law that specifically requires an employer to provide you with a termination of employment letter. However, there are state laws as well as industry- and company-specific policies that help you understand the process for asking your employer for a letter that explains the reason for your termination.

Employment Laws on Changing a Job Description

The employment laws on changing a job description favor the employer in most situations. Generally speaking, an employer can change a job description whenever it is convenient to the company. In some situations, a change of job description requires negotiation with the employees or with a union.

Laws Regarding Access to Employee Files

No federal law requires private sector employers to permit current or former employees access to their personnel files. Typically, personnel files of private sector employees are considered the employer’s property, and some companies use that rationale to limit access to employee files. Federal and state employees — public sector workers — can gain access to their official personnel records.

How to Obtain Free Employment Verification of Someone

Employers are required to fill out, file and keep a copy of a Form I-9, otherwise known as Employment Eligibility Verification form. The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for employers to hire anyone who is not a legal resident of the United States. To obtain free employment verification is easy, because the one-page form is free to fill out and print.

How to Cancel an Employment Contract

Employment contracts can be tricky, especially when you want to cancel one. When you really need a job, you may be inclined to sign almost anything. To protect workers, employment law prohibits certain language in contracts. At the same time, the document may contain provisions that could create liability problems if you break the contract. Be sure you understand what the document says about ending employment before you give notice.

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