就业法

Employment law can be complicated. Your employment lawyer will analyze your facts 和 circumstances, 和 explain your rights.

Employment Attorneys in 卡拉马祖

Whether you are a small business, a single employer or an employee, it is vitally important to underst和 your options for preventing, 解决, or mitigating employment related disputes.

就业法. In most cases, resignation usually includes written notice to the employer 和 the employee. Spinelli v Oakl和 County, No 134741 (Mich Ct App Dec 15, 1993). 当员工辞职时, they usually terminate the employer-employee relationship with no notice of the same. 有时, employees’ predetermined actions result in what the Court views as quitting; examples include an employee’s unauthorized 和 excessive leave for a substantial period of time. Vanzutphen v Guardian Alarm Co, No 135056 (Mich Ct App Dec 29, 1992). Terminating the employer-employee relationship is involuntary severance of the same relationship; termination usually includes written notice. However, voluntary resignation may or may not protect the employer from a wrongful discharge lawsuit. In constructive discharge cases, resignation is treated much like termination. Jacobson v Parda Fed Credit Union, 457米318, 577 NW2d 881 (1998), overruled in part on other grounds by Joliet v Pitoniak, 475米30, 715 NW2d 60 (2006).

随意雇佣. 一般, 根据密歇根州法律, employment for an indefinite duration is subject to the Doctrine of Employment at Will. 自由雇佣, the employment relationship can be terminated for any reason, 或者根本没有理由, at any time by either party. 十字架v. General Dynamics Corp, 444 Mich 107, 116, 507 NW2d 591 (1993). 此外, unless there is evidence showing that the employment is not At Will, assuming it is for an indefinite duration, the employment is presumed to be At Will. 罗五世. 蒙哥马利沃德 & Co, 437 Mich 627, 473 NW2d 268 (1991). However, there are several exceptions to the Employment at Will Doctrine. For example, among others, the Court of Appeals recognizes public policy exceptions that include:

• When legislation prohibits terminating an employee who is acting in accordance with a statutory right or duty;
• When the alleged reason for discharge was that the employee refused to violate the law; 和
• When the termination was due to the employee exercising a right conferred by well-established legislation.

Satisfaction employment contracts. 另一个例子, aside from At Will relationships, considers employment that is for a “satisfaction contract,” meaning the employer can only terminate when dissatisfied with the performance. 在这种情况下, a jury is barred from considering the reasonableness of an employer’s dissatisfaction with the performance of an employee under a satisfaction contract; rather, the jury may review only whether the employer’s dissatisfaction “is insincere, 恶意地, 不诚实的, or fraudulently claimed as a subterfuge.“杜桑, 408 Mich at 627–628; Bracco v 密歇根 Technological Univ, 231 . Mich App, 601-603, 588 NW2d 467 (1998).

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