Miller Cohen, PLCJustice For Working People2026-08-21T08:52:37Zhttps://www.millercohen.com/feed/atom/WordPress/wp-content/uploads/sites/1601155/2020/09/cropped-site-identity-32x32.pngOn Behalf of Miller Cohen, P.L.C.<![CDATA[Should I sign this severance agreement?]]>https://www.millercohen.com/?p=502282026-08-18T08:54:29Z2026-08-21T08:52:37ZUnderstanding what you give up for a payout
Many severance agreements include a release (waiver) of claims and other restrictions. For example, you may agree not to sue the employer for issues like wrongful termination, harassment, or discrimination. You might also see non-disparagement or confidentiality clauses that limit what you can say about the company or the terms of your exit.
Some agreements also include non-solicitation or non-compete clauses. Read these carefully. If they’re too broad, they could limit your ability to work for a competitor. In Michigan, non-competes may be unenforceable if they don’t protect a legitimate business interest or are unreasonable in duration, geographic scope or the type of work covered.
Federal protections for workers over 40
The Older Workers Benefit Protection Act (OWBPA) provides specific safeguards for employees aged 40 and older. If you fall into this category, federal law mandates that you receive time to weigh your options if the agreement includes an age-discrimination (ADEA) waiver. Here are the timeframes required by federal law:
Individual layoffs usually give you 21 days to think about the offer
Group layoffs require a 45-day period to review the terms
You have 7 days to change your mind after you sign
These periods allow you to assess your situation and consult with a professional to ensure the deal is fair before it becomes final.
Negotiating terms and handling unemployment
Many employees assume the first offer is final, but there is often room to negotiate for better terms. You might ask for extended health insurance coverage or a neutral reference for future employers.
Regarding Michigan unemployment, a severance payment can sometimes delay your benefits. The Michigan Unemployment Insurance Agency looks at whether it counts as wages/remuneration and whether it’s allocated to weeks after separation, which can affect timing.
Final thoughts on your agreement
Understanding the contents of a severance agreement can be crucial as you assess your next steps. By reviewing the specific clauses and considering your leverage, you can make a choice that supports your long-term goals.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[More than a closet: Your legal rights to pumping time and space]]>https://www.millercohen.com/?p=502142026-08-05T08:46:57Z2026-08-10T08:46:27ZWhat should a functional pumping space look like?
A proper lactation space must be more than an afterthought. Federal law is very specific about what constitutes a legal pumping area. A bathroom, no matter how large or private, is never an acceptable option under these regulations. The space must be available when needed. Some workplaces use a private room or temporarily convert another room, as long as others can’t enter while it’s in use.
A compliant space must offer several key features to ensure it is practical for a working parent:
The room must be completely shielded from the view of others.
The area must be free from any intrusion by coworkers or the public.
The space needs to be functional, including a place to sit and a flat surface for equipment.
If a space lacks these basic features, it may not be legally compliant. Employers must ensure the room is available whenever a parent needs it during the workday. This means the space cannot be a shared office or a storage closet that other employees need to access frequently.
Reasonable breaks and workplace demands
Balancing a busy workload with the needs of a new child requires flexibility. Under federal law (the PUMP Act), many workers have the right to reasonable break time which varies depending on individual needs, and a private space to pump, though some exceptions may apply.
If your job demands are high, your employer must still find a way to allow for these necessary pauses. Employers typically must provide these breaks for up to one year after the child’s birth. If you are not completely relieved from your work duties during a break, that time must typically be paid under federal wage and hour standards.
You deserve a workplace that values your contributions and respects your rights as a parent. Understanding these standards allows you to move forward in your career with confidence. Employment policies and federal rules work together to ensure that parenthood and professional success can go hand in hand.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Standing your ground when patient safety is at risk]]>https://www.millercohen.com/?p=502122026-08-03T09:57:42Z2026-08-06T09:56:11ZThe conflict between policy and professional duty
An order to accept an unsafe assignment is more than a policy dispute; it can be a direct collision between facility rules and your professional obligations. While a manager focuses on keeping the unit operational, the Michigan Public Health Code and nursing licensing standards can hold you personally accountable for your clinical decisions. This creates a legal intersection where your mandate to protect the patient and meet the standard of care must remain a priority.
The American Nurses Association Code of Ethics is not Michigan law, but it reflects widely used professional standards that emphasize a nurse’s primary commitment to the patient and personal accountability for clinical decisions. In practice, that often means raising concerns and escalating issues when you believe patient safety is at risk. It does not always mean you can refuse an assignment without job-related consequences.
Documenting your professional objection
If you are told to perform a task that violates safety standards, you can use a formal process to document your concerns while you seek a safer alternative. Avoid abandonment: escalate and transfer care safely.
If your facility has a specific process, follow it. This helps show you are acting to protect patients rather than simply being insubordinate.
Notify your direct supervisor immediately about the specific safety risks you have identified.
Request an alternative solution, such as additional staff support or a modified patient load.
Fill out an Assignment Despite Objection (if your hospital or union provides one) form to create a written record of the conflict.
This paper trail is vital because it can help show you raised a good-faith safety concern.
Your rights when you raise safety concerns
Michigan and federal laws may protect nurses from retaliation in certain situations, including when you report in good faith a suspected violation of law or regulation to the appropriate person or agency. Because these protections depend on the facts, you can strengthen your position by following your facility’s reporting steps, keeping copies of written complaints or incident reports, and writing down dates, times and who you notified.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Know your rights when organizing in Michigan]]>https://www.millercohen.com/?p=502062026-06-25T12:09:40Z2026-06-30T12:09:21ZYour right to talk about a union
The National Labor Relations Act (NLRA) gives most private-sector workers in Michigan the right to form, join and support a union. This protection covers not just formal campaigns, but any conversation with coworkers about improving pay or working conditions. Legally, these discussions cannot be restricted in non-work areas on your own time, like the breakroom.
4 red flags of illegal conduct by employers
During an organizing drive, management is allowed to share its opinion, but it cannot engage in conduct that coerces or illegally influences you. To make it easier to remember, people often use the acronym TIPS to identify illegal employer actions.
Threats: Threatening you with job loss, pay cuts or closing operations for supporting a union
Interrogation: Coercively questioning you about your union support, who attended meetings or how you'll vote.
Promises: Promising raises, promotions or other special benefits to convince you to vote against the union.
Surveillance: Spying on union activities, monitoring social media or creating the impression you're being watched.
If you experience any of these behaviors, your employer may be breaking the law.
What to do if your employer crosses a line
If you believe your employer is interfering with unionization efforts or your rights, document everything. Keep a private record noting the date, time, location, what happened and any witnesses. You can use this documentation to file an unfair labor practice charge with the National Labor Relations Board (NLRB). If the NLRB finds a violation, remedies can include employee reinstatement, back pay or requiring the employer to post a notice admitting to the violation.
Worker protections are getting stronger
Recent decisions by the NLRB have created stronger protections for workers. For example, a recent case created a more direct path to union recognition. Today, if an employer commits serious violations during an organizing campaign, the NLRB has the authority to issue an order that requires the company to recognize and bargain with the union. This makes it more important than ever to identify and report illegal conduct.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Your rights start before the union vote]]>https://www.millercohen.com/?p=502022026-06-12T12:47:38Z2026-06-17T12:46:23ZStrength in numbers starts with a conversation
Under the National Labor Relations Act, most private-sector employees have the right to engage in protected concerted activity. This legal term means that an employer generally cannot punish workers when two or more of them act together to improve their pay or working conditions. You do not need a formal union in place to exercise this power.
Michigan employees often worry that talking about their workplace issues will lead to a pink slip. However, the law protects certain group actions, which could include:
Talking with coworkers about your hourly wages or yearly bonuses
Bringing a group complaint to a manager about safety hazards on the shop floor
Sharing information about union benefits during your lunch break
Circulating a petition to change a restrictive company policy
The law protects these actions because they serve the mutual aid of the entire workforce. Even a single worker can be protected if they are acting on behalf of a group or preparing for group action.
When management tries to silence the group
If a supervisor threatens to cut your hours because you engaged in protected activity like discussing wages, they are likely violating federal law. Violations like these can be an unfair labor practice. Employers may try to stop the seeds of a union by scaring workers before they can organize. Recognizing these tactics is the first step in defending your rights.
The law protects the path to a union
Standing up for your rights is a brave act, and you are not alone in the fight. The legal system recognizes that the road to a union contract starts with a single conversation between coworkers. Protecting that initial spark ensures that Michigan workers have a voice on the job. The law is designed to ensure that the path to organizing remains open and free from employer interference.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[Am I caught in an independent contractor trap?]]>https://www.millercohen.com/?p=501862026-04-24T11:57:42Z2026-04-29T11:56:55ZWhy companies misclassify workers
The financial incentives are substantial. When employers classify workers as independent contractors instead of employees, they avoid:
Paying time-and-a-half for overtime hours
Contributing to Social Security and Medicare taxes
Providing workers' compensation insurance
Offering health benefits or paid leave
Paying into unemployment insurance
This misclassification can cost workers thousands annually while the company pockets the savings.
Are you really an employee or contractor?
Courts use various assessments to determine your true employment status. While Michigan uses different tests for different employment laws, they all focus on the degree of control the company has over your work. Courts consider several factors such as:
Does the company control when, where, and how you work?
Are you doing work that's central to the company's business?
Do you have a real opportunity for profit or loss based on your decisions?
Can you work for the company's competitors at the same time?
Do you invest in your own equipment and business?
In other words, if the company sets your schedule or pay rates, requires you to use their equipment or wear their uniform, prevents you from hiring helpers or provides extensive training, you're likely an employee, not a contractor.
Your legal options
Misclassified workers have the right to recover what they've lost. This may include back pay for unpaid overtime wages, reimbursement for the employer's share of payroll taxes and compensation for minimum wage violations. Workers can recover back wages for violations dating back several years, with the exact timeframe depending on the type of claim.
Misclassification is both unfair and unlawful. If you recognize these warning signs in your work situation, speaking with an attorney and taking action can help you recover what you're owed while holding employers accountable.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[How to prove pretext in Michigan employment discrimination cases?]]>https://www.millercohen.com/?p=501822026-04-09T11:23:05Z2026-04-14T11:21:43ZWhat is “pretext”?
Pretext means the employer’s stated basis for an action is not the true reason. Under Michigan law, employees must show that the employer’s explanation is false. They must also demonstrate that discrimination played a role in the decision.
Courts often apply the McDonnell Douglas burden-shifting analysis. Under this test, once an employer offers a legitimate reason for its action, the focus shifts to whether that explanation is credible. If it is not, a pattern of discrimination may be inferred.
How do you prove “pretext”?
To prove pretext, you need to identify inconsistencies, contradictions or patterns that weaken the employer’s justification. Some of the most important types of evidence include:
Shifting explanations: If an employer gives different reasons at different times, it may raise concerns. For example, they may cite performance issues initially and later point to restructuring. This inconsistency may suggest the real motive is being concealed.
Unequal treatment: If others outside of your protected class engaged in similar conduct but were not disciplined, that disparity may point to discrimination.
Lack of documentation: If there is little or no written record to support the decision, it raises serious questions about the employer’s credibility.
Timing and context: If a protected activity occurred close to an adverse action, timing is often critical. For example, requesting medical leave or reporting discrimination shortly before the disciplinary action can support an inference of pretext.
Together, this evidence helps show whether an employer’s rationale is consistent and believable. Looking at the full context makes it easier to assess potential discrimination.
Why does proving “pretext” matter?
Generally, proving pretext is vital because it "exposes an employer's defense as a cover-up". It is the "make or break" moment in a discrimination lawsuit. If you cannot disprove the employer’s stated reason, the case typically ends before it ever reaches a jury and favorable settlement is highly unlikely.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[How proposed wage history legislation affects Michigan workers]]>https://www.millercohen.com/?p=501762026-03-13T09:57:59Z2026-03-18T09:57:26Zproposed legislation in Michigan could soon protect you from having to answer that question at all.
What could be changing in Michigan?
A bill currently under consideration would prohibit Michigan employers from asking job applicants about their salary history. This means companies couldn't demand information about what you previously earned, either on applications or during interviews. The legislation aims to level the playing field for workers who may have been underpaid in previous positions.
Why this matters
Salary history questions perpetuate a frustrating cycle. If you were underpaid in your last job, employers who base offers on that figure may continue undervaluing your work. This hits certain groups especially hard:
Women, who historically earn less than men for comparable work
Workers of color facing systemic pay disparities
People re-entering the workforce after gaps in employment
Anyone who accepted a lower salary due to economic necessity
When your past follows you into every new opportunity, breaking free from low wages becomes nearly impossible.
The business perspective
Critics of the proposed ban argue that salary history helps employers budget and assess a candidate's compensation expectations. Some employers express concern about limiting their ability to gather relevant information during hiring.
What you can do now
While this legislation is pending, you still have options when facing salary history questions:
Before sharing your past salary, research typical pay ranges for the position using resources like the Bureau of Labor Statistics or industry salary surveys. You can also redirect conversations toward your desired salary range rather than past earnings.
Consider these responses:
"I'd prefer to focus on the value I can bring to this role"
"I'm looking for positions in the X−Y range based on my experience"
"What's the budgeted range for this position?"
These approaches shift the conversation toward your worth rather than your wage history, putting you in a stronger negotiating position.
Your rights, your future
Understanding proposed changes to Michigan employment law empowers you to advocate for fair compensation. Whether this legislation passes or not, remember that you deserve pay reflecting your skills and contributions, not just your history.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[When being passed over feels wrong]]>https://www.millercohen.com/?p=501732026-02-27T06:29:56Z2026-03-04T06:29:14ZYou did the work, you perfected your skillset and you did everything you could to position yourself for that promotion. But then they gave the promotion to someone else. Not just anyone else, but someone you think isn’t as qualified or competent as you are. One thing is obvious: the person they hired is not like you.
Being passed over never feels good, but in some cases, it could signal discriminatory employment decisions.
What goes into promotions decisions?
Managers weigh many factors when they are deciding who to promote. They look at:
Job performance
Project visibility
Teamwork
Leadership potential
Relationships
They may also value broad knowledge, technical skills and the ability to grow into the role. Past projects, informal feedback and timing also influence choices. Because many of these factors come from judgment calls, you could meet every technical requirement and still lose out. That mix of objective and subjective reasons makes it hard to tell when an employer crosses the line into illegal discrimination.
Signs it may be discrimination
Simply disagreeing with an employer’s decision is not going to be enough to support any type of formal action. However, if there are signs that the decision was influenced by bias against you as a member of a protected class, that raises a very different concern.Watch for repeated patterns and clear differences in treatment. If you see any of these, start collecting proof right away:
Promotions repeatedly favor employees of one race, sex, age group, religion or other protected class.
The job requirements change after you express interest and the new rules don’t apply to the promoted person.
Your strong performance reviews and metrics don’t match the employer’s stated reason for skipping you.
The employer lacks written selection criteria or changes the criteria without documentation.
Emails or messages show bias or that supervisors planned to promote someone from a preferred group.
Co-workers witnessed biased remarks and will provide statements.
If you suspect you were unfairly and unlawfully passed over for a promotion, collect and retain copies of job postings, performance reviews, emails, dated notes from meetings and names of witnesses. Store documents in a safe place and date them.You may then consider contacting the Michigan Department of Civil Rights or the EEOC or consulting a Michigan employment lawyer.]]>On Behalf of Miller Cohen, P.L.C.<![CDATA[What constitutes interference when you file for FMLA?]]>https://www.millercohen.com/?p=501512026-02-17T06:13:30Z2026-02-20T06:12:59ZDiscouragement
Upon taking FMLA, your employer suddenly tells you that taking time off for health reasons will let the team down. They also make backhanded comments about your commitment to discourage you from continuing. If these are the responses you receive, that is interference. Remember that requesting absence to recover from a serious health condition is your right.
Conditional interference
What if your boss allows you to take leave as long as you keep working from home? FMLA is a job-protected leave, not a remote work assignment. Significant work requirements during your recovery or family time can constitute interference. However, they may occasionally and briefly contact you for minor tasks.
Negative employment threats
Employers are strictly prohibited from using FMLA leave as a negative factor in promotion decisions. If your leave usage contributed to the denial of a promotion, it constitutes a violation of your rights.
Taking action on injustice
If any of these forms of interference occurred, you may have grounds to file a formal complaint against your employer. Before doing so, document everything. Find evidence that proves you meet the federal criteria for FMLA and that you provided enough information to let your employer know you need leave for a qualifying reason
Your livelihood is too important to leave to chance. Seeking help from an employment attorney can help you secure the protection you deserve.]]>