Employee Handbooks - Work Rules - Employee Conduct: Michigan
Federal law and guidance on this subject should be reviewed together with this section.
Author: Rhonda Armstrong, Pilchak & Cohen, P.C.
- Michigan is an employment at-will state. See Nature of Employment.
- Michigan's employment discrimination laws extend protections to the additional categories of height, weight, marital status, and misdemeanor arrest that did not result in conviction. See Discrimination.
- Michigan's disability discrimination statute provides employers with a defense to state failure to accommodate claims when employees have failed to notify the employer of the need for accommodation so long as the employer has previously notified the employee of the reporting obligation. See Discrimination.
- Michigan requires employers to follow their written policies or contracts with respect to fringe benefits. Few benefits are required with the exception of jury duty leave, witness duty leave, and military duty leave. See Leave and Fringe Benefit Entitlement.
- Michigan's eavesdropping statute is more restrictive than federal law, and only permits eavesdropping when a party to the conversation consents to the recording. See Surveillance and Monitoring.
- Michigan prohibits polygraph tests in employment. See Polygraph Tests.
- Michigan has few restrictions on substance abuse testing, but to avoid common law claims employers are advised to implement comprehensive written policies, notwithstanding. Employers should reserve the right to discipline employees for detection of metabolites, in addition to actual drugs. See Substance Abuse Testing.
- To date, notwithstanding Michigan's law permitting persons to carry concealed weapons, employers are free to prohibit possession of weapons on work premises. See Workplace Violence.
- Michigan law requires employers to implement written policies for employees who have access to social security number information. See Social Security Number Privacy.
- Michigan law prohibits smoking in most places of employment, and employers are advised to implement written policies regarding same. See Smoking.
- But for a few limited circumstances, employers desiring to conduct motor vehicle records checks of employees are required to obtain employee's consent. See Motor Vehicle Records Checks.