Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Disability discrimination and termination Michigan

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disability discrimination and termination Michigan

    I was with my last employer until Oct. 23, 2009 when I was terminated. Two years ago I shattered my right wrist and had to have an open reduction. As a result of this surgery I developed as condition that left me partially disabled and made it necessary to reduce my schedule to three days a week because of the type of work being performed. I was able to perform the job with very little accomodation, only requiring the reduction in schedule and occassional assistance from co-workers who were on site with me. I have been under a doctor's care for this condition the entire time. My employer agreed to this schedule reduction and began scheduling accordingly for about a year. In March of this year they began scheduling me less and less and scheduling brand new employees. There were entire weeks and sometime two straight weeks when I was not scheduled but new employees were. I contacted my supervisor and sent several emails inquiring about this and reminding them of my availability. My emails were ignored. It got to the point where if my supervisor didn't change the schedule, and he did so until I believe he was told to cease doing so, I did not work. It came to a head last Monday when, after another whole week off the schedule and only one day for that week, I wrote an email letting them know that I would be at the office the following morning to discuss this. Keep in mind that all previous emails were ignored. I received a scathing email in return. I then decided that I had had enough and sent an email to personell telling them that I wished to file a discrimintion complaint and inquiring about what they would need to start the process. On Friday I was called into the office, told that they no longer felt that they could accomodate my availibility, which is DIRECTLY tied to my disability, and terminated me. They put on the termination form lack of work as the reason for separation and then proceeded to leave a full work schedule for the next work day. Also keep in mind that while they are telling me that the reason I wasn't on the schedule for the previous week because of a lack of work, they had new employees scheduled EVERY day. I have filed a complaint with the Michigan Department of Civil Rights and will contact the EEOC on Monday. My question is am I wasting my time or should I actively pursue this?
    2
    File a complaint and request a right to sue letter
    50.00%
    1
    Forget about it and move on
    0.00%
    0
    alert other unsuspecting people you encounter about this employer
    0.00%
    0
    None of the above
    50.00%
    1

    The poll is expired.


  • #2
    I would go ahead & pursue this & let them investigate - it just takes a little of your time to do so.

    If your employer has 15 or more employees, you can file a complaint with the fed. EEOC - your employer only needs 1 or more employees to file a complaint with the Mi. Dept. of Civil Rights.

    I would also file for UI benefits.
    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


    • #3
      Thank you Betty. I thought it was probably something that could be pursued. It seems now that they also are refusing to reimburse me for legitimate expenses incurred on a out of town business trip. These morons are really asking for it because if they think I won't sue them for $20. They're wrong. I now have nothing to do and plenty of time to get it done!! N

      Comment


      • #4
        Dachel35, there is no federal rule/law that requires reimbursement of business expenses. There are a couple of states where this is required, at least in some instances, but neither state is Michigan.

        What type of business expenses are we talking about?
        Did they say they would reimburse you for the expenses?

        Thanks.

        A payroll person (Patty or DAW) may be along & have something to add.
        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


        • #5
          Originally posted by Betty3 View Post
          A payroll person (Patty or DAW) may be along & have something to add.

          Not me, she said.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Ok, thanks, Patty. I assume what I said is ok then.
            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


            • #7
              Betty,

              These were receipts for meals, which I have been turning in for years. They denied them because the crew stopped at McDonalds and since I can only eat 1 thing from their menu because of health issues, that is what I ordered. The rule for reimbursement has always been that the receipt must be itemized and must be from a restaurant. This receipt was and so were two others they denied. I have always turned in receipts that follow guidelines and this was no exception. It now seems that they must also approve what is ordered as well, although that's certainly news to me but that has been their MO of late; change the rules but fail to let anybody know.

              Comment


              • #8
                Even if you had legitimate performance issues, your Company handled this badly. Very badly.

                On the surface, it appears discriminatory. It may not have been their intent, but when the EEOC investigates, most of the time they judge the appearance of the actions.

                Although I hate frivolous litigation, I think you have some real issues that need to be defined here. I would agree with Betty and advise you to contact the EEOC and let them be the judge. Document everything every time you talk to someone and good luck. Let us know how it goes.

                Comment


                • #9
                  There were no performance issues, they stated as much in the meeting, though I doubt they will admit it when the time comes. I also don't know if I mentioned this or not, but the stated reason for termination, of which I have a copy, was lack of work. Our schedule is left each day on a voicemail which we call for our daily assignments. They failed to deactivate my mailbox and I recorded today's message, which is one of my normal days, and they left a FULL work assignment message, meaning everyone is working. I am recording this on each of my regular work days until they remember to deactivate it. I appreciate your response and will let you know how things progress.

                  Comment


                  • #10
                    Yes, please keep us up-dated on your progress & good luck.
                    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


                    • #11
                      Update

                      Ok Betty, I officially filed a complaint with the Mich. Dept. Of Civil Rights. It is my understanding from the form that I signed that they will forward the complaint to the EEOC also. I sent a separate e-mail requesting a right to sue letter, so I guess now I just sit and wait. I expect that once they are notified they will also attempt to stop my unemployment, so I am gearing up for that fight next. Did I mention my birthday was this week? Nothing like getting fired to make you feel useless when you're already old!!LOL

                      Comment


                      • #12
                        Dachel35, if you requested a "right to sue" letter, when it is received, per my reference, you have 90 days to file suit.

                        They might not contest your UI benefits if they put on the termination form that you were terminated due to lack of work (even if it isn't true) because that is a good reason to receive benefits. You'll have to wait & see.

                        Happy birthday. I'm retired so I don't think you are as old as I am if that makes you feel any better.
                        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


                        • #13
                          Ok, I'm really confused here. I contacted the MDCR and requested a right to sue letter and was told if I wanted that then I would have to withdraw the complaint with them. Do I file separately with EEOC or what? I'm being told this process for MDCR could take as long as eight months. I will be on the street by then.

                          Comment


                          • #14
                            If you want to sue, the EEOC/MDCR will withdraw your complaint with them. You can either have them investigate or sue. However; before you can sue, you need a "right to sue" letter. You noted you requested a right to sue letter.
                            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


                            • #15
                              Ok, I'm really confused here. I called the attorney I spoke with earlier. It sounded to me from my last conversation that they would not issue a right to sue letter until this thing was investigated and he could/would not go to court without the right to sue letter. The saga continues.........

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X