My question involves employment and labor law for the state of: Michigan
Michigan Law states:
408.473 Payment of fringe benefits; terms.
Sec. 3.
An employer shall pay fringe benefits to or on behalf of an employee in accordance with the terms set forth in the written contract or written policy.
Job offer letter. Signed by Director of Human Resources.
Agreed and Accepted attachment signed by me and Director of Human Resources
Agreement States: " 3 weeks vacation per year from date of hire until 10 year anniversary, then follow the company vacation policy at the following intervals:
10 years 128 hours
11 years 136 hours
and so on.
My employment was terminated, the company paid a pro-rated portion of the (3 weeks) based on length of employment.
Company policy states:
Associates who resign with at least 2 weeks notice or are terminated: Vacation will be prorated based on the number of work days that year.
The law states contact or policy.
The company used a contract to hire me which outlines benefits that are outside the scope of the company policy. Then the company terminated me and used company policy to determine benefits paid.
The law states contract or policy.
Hired by contract doesn't the contract supersede the policy according to the law?
I sent a letter informing company they owed remaining balance.
They had an attorney send back a letter stating they do not owe the remaining balance.
The letter states:
"The company's personnel policy cover the gaps that exist when a short-form job offer letter is used. Those policies clearly provide for a proration of the vacation pay out upon resignation or termination of employment".
This reads like mumbo jumbo to me. The policy does not specifically mention Work Contracts or Short-Form Job offer letters.
Isn't the company policy relevant if the company vacation policy was applied?
In this case my vacation agreement is outside the scope of company policy.
My plan is to write another letter requesting a copy of the policy as it relates specifically to short-from job offer letters, and employment contracts (which I know does not exist because I have the company policy handbook).
In Michigan I can file a civil suit and register a complaint with the Michigan Department of Licensing and Regulatory Affairs.
Do I have a case?
Whats my next move? the balance owed is only a couple thousand dollars.
Small claims court?

