DCA Blog

Apparent Authority in Michigan

If an employee agrees to a contract on behalf of a business, is the business liable? It depends. If the owner authorized the employee to sign contracts on behalf of the business, then the business is responsible for any obligations under the signed contract. In legal terms, the authorized employee is an agent: a person who agrees to act on behalf of his/her principal (the business). The agent’s signature binds the principal to a contract. If the business subsequently fails to perform a ...

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Filing Workplace Discrimination Complaints in Michigan

In the state of Michigan, employees who have experienced discrimination in their workplace have the choice of filing a lawsuit in a court, or they can file a claim in one of two agencies: the federal Equal Employment Opportunity Commission (“EEOC”) or the Michigan Department of Civil Rights (“MDCR”). Both agencies have time constraints for filing claims. MDCR and EEOC complaints must be filed within 180 days of the date on which the alleged discrimination took place. Wh ...

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How Courts Interpret Ambiguous Contract Language

What happens when two parties disagree over the meaning and scope of a contractual agreement? Is the dispute resolved simply by reading the language of the contract in question? Yes, sometimes. Michigan courts (and federal courts applying Michigan law) generally rule that the actual contract language is the best indication of two parties’ intent in forming their agreement. Yet, that is not always the case. If the court finds ambiguity within the contract’s language, then outside ev ...

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Employment Non-compete Agreements: Enforceable in Michigan if Reasonable

Some Michigan employers use the tactic of attaching non-compete agreements to offers of employment. A non-compete agreement is a covenant that prohibits an employee from working for certain competitors over a given period of time after the employment relationship with the current employer ends. When an employee signs a non-compete agreement, it provides a distinct advantage to the employer. The non-compete contract limits the employer’s competition by restricting the future employment op ...

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What are Contingency Fees?

What is a contingency fee and how does it work? It’s not uncommon for potential legal clients to inquire about contingency fees. Basically, clients want to know what they are and how they work. A contingency fee is one pricing method used by lawyers to bill their clients. Under a contingency fee agreement, a lawyer (or law firm) does not collect a fee from the client unless the lawsuit is successful (or is favorably settled out of court). Contingency fees are usually calculated as a perce ...

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