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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111489
Experience:  20+ Years of Employment Law Experience
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Last month working for small company, supervisor repeatedly

Customer Question

Hello, last month working for small company, supervisor repeatedly coming to work intoxicated, verbally abusive on more than one occasion, proceeded to verbally threat and harass myself and on this day "fired" me, requested my company equiptment, told me punch out followed me back and forth from building to parking lot constantly verbally assualting myself and intimidating. Also, overtime was not paid for hours worked over 40 in a week. My question would be what would my recourse be? Also I was required to illegally transport products(though a short distance) with defective equiptment
Submitted: 27 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 27 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, employment in MI is at will, meaning an employer can hire and fire an employee without any reason or for any reason at all except based only on the age/race/sex/disability of the employee and the employee's sole recourse is filing unemployment. Even if the employer is verbally abusive or intoxicated, that is not against the at will employment laws unless it is based only on the employee's age/race/sex/disability/national origin.
If the employer did not pay overtime as required, then the employee has a right to file a wage claim for the unpaid overtime, plus liquidated damages up to triple the amount due if the employee proves it was not paid in bad faith (willful and malicious nonpayment of overtime). You can file the wage claim with the MI Department of Labor wage and hour division or the US Department of Labor wage and hour division or you can file suit in court for the overtime due.
As far as transporting with defective equipment, you can file a complaint to the department of transportation or state police to inspect the vehicles and that is up to them to cite the employer for the defective equipment.
So, your options, since your termination was without good cause according to your description, is to file an unemployment claim and also to file a complaint for unpaid overtime as stated above. You can also file the complaint with the state police or department of transportation for the defective trucks.
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