Gennady Y. Paremsky v. Ingham County Medical Care Facility, et al.

I. Did the Michigan State Administrative Agency Wage and Hour Division ("WHD"), as upheld by the Michigan Supreme Court, violate the U.S. Constitution Contract Clause,1 when it used the Michigan P.W.F.B.A statute2 to relieve RespondentEmployer of his obligations to pay PetitionerEmployee his paid-time-off (PTO) compensation of $26,241.63, which Petitioner has already earned and not forfeited according to his PTO agreement with Employer, based on its written policies, while the U.S. Supreme Court3, federal statutes, federal circuit courts, and other states' highest courts held that accrued vacation with pay/ paid time off is compensation like wages - once earned, is due and payable at termination, if not paid during employment? II. Did the Michigan State WHD, as upheld by the Michigan Supreme Court, violate Petitioner's rights of due process guaranteed by the U.S. Constitution4 when it refused to apply its mandatory adjudication standards to the Petitioner's claim, which resulted in non-payment of his already earned and contractually promised PTO compensation of $26,241.63, while adherence to the "proper standards" is a mandatory due process requirement for administrative agencies performing quasi-judicial 1 U.S. CONST. art. I, § 10 2 Michigan Payment of Wages and Fringe Benefits Act 390 of 1978, M.C.L. 408.471 et seq. 3 Massachusetts v. Morash, 490 U.S. 107, 120 S.Ct. 1668, 104 L.Ed.2d 98 (1989) 4 U.S. Const., amend. XIV