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DAD FIRED! Michigan

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  • DAD FIRED! Michigan

    Ok my dad recently had a stroke he hasn't been employed at his old job very long however he was terminated... He was told that he had to come back by a certin day or he would be terminated well he went back then they told him that his restrictions needed to be lifted so he dad that the fallowing day and then he worked one whole day and then the next day he was terminated isn't that illegal?

  • #2
    Maybe. When you say that he hasn't "been employed at his old job very long," do you mean:

    a. he recently started working for this employer

    OR

    b. he worked for employer A, went to a different employer (B), and recently returned back to employer A.

    Which scenario do you mean?

    Comment


    • #3
      And how long was he out of work due to the stroke?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        reply

        My dad worked for this company since about October of 2007. In March he had a severe stroke. He was told he had to return to work on April 18th or he would be terminated. He return but with doctor restrictions he could not lift more than 75 lbs. (Nothing he had to do for work required lifting he filled ink cartridges thats it.) well they told him that he had to have those restrictions moved. So he went to the doctor on monday (the 21st) and had them removed. He went to work for the rest of the day. Then on the 22nd he worked a full day and then on wednesday he was terminated. He was out for about a month. and He used most of his sick days and vacation days for his time off the rest were paid by AFLAC and Combined Insurance agency's.

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        • #5
          Unfortunately, since he hadn't worked there a year, there was no legal requirement under the FMLA to hold his job and Michigan doesn't provide alternate job protection at the state level. Sorry.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            What was the company's reason for terminating your father?

            Assuming your father's employer has at least 15 employees, your father should probably talk with EEOC or the state equivalent to see if his situation is covered under the Americans with Disabilities Act. His employer may have perceived him as disabled.

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            • #7
              The state of Michigan discrimination laws including discrimination due to physical or mental disability applies to employers with one or more employees.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Originally posted by Betty3 View Post
                The state of Michigan discrimination laws including discrimination due to physical or mental disability applies to employers with one or more employees.
                Thanks for the update, Betty3. So, this could possibly be a discrimination claim, but it's not a violation of FMLA.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Agree. FMLA doesn't apply but a possible discrimination claim.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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