Disability discrimination and termination Michigan

[Dachel35]

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?

[Betty3]

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.

[Dachel35]

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

[Betty3]

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.

[Pattymd]

Originally Posted by Betty3

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

Not me, she said.

[Betty3]

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

[Dachel35]

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.

[HR/DisMgr]

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.

[Dachel35]

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.

[Betty3]

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

[Dachel35]

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

[Betty3]

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.

[Dachel35]

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.

[Betty3]

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.

[Dachel35]

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.........

[Betty3]

If you want to sue you have to withdraw your complaint/they will withdraw your complaint & send you a right to sue letter. You always have to first contact/file a complaint with the EEOC or the MDCR first (MDCR should send a copy of complaint to EEOC) before you can sue - they have to send you the right to sue letter. You can't sue w/o contacting them first & getting the right to sue letter. Why don't you call the MDCR & see if the right to sue letter is coming.

Also, in cases where they investigate & don't take any action against the employer, they send the right to sue letter so it can be pursued in court if the employee wishes.

[Dachel35]

Betty,
I just spoke with an attorney, quite frankly the only one who would speak to me without taking $250 of my money, and he doesn't seem to think I have anything to go to court with, certainly nothing winable. I am beginning to think I am wasting my time here as the attorney made it quite clear that it is not about what actually happened, rather who is the more effective liar. It's his opinion that it doesn't matter what I can prove, it's what I CANT prove that will sink this. I am beginning to think they are probably going to get away with this while I move to the streets.

[DAW]

Originally Posted by Betty3

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.

On this particular issue only:
- I am in agreement that labor law (FLSA and the MI equivelant) is not on your side. Unless you are a minimum wage worker, then the "free and clear" rule in the federal FLSA law works for you.
- However, not all law is labor law. There is a chance that a small claims court action will work. There is a chance that it will not work. It is not uncommon for judges in small claims court to look at whatever they think is the equity of the situation is. I have worked for employers who lost in small claims court even though the law was 100% on our side, and in one case, the judge even agreed that was true. He said that if we want to appeal it, that he will certainly get reversed. But for now, the decision stands. However, loser generally pays court costs, unlike a DOL claim. And MI-DOL is much more likely to follow the strict wording of labor law, which does not seem to favor you.

[Dachel35]

It has been an accepted practice for the last 7 years , and, incidentally, company policy that whe working out of state our meals are
reimbursed up to $25 per day. The receipt must be itemized and fro
a restaurant. The receipts in question meet all of their criteria. They were from McDonalds, in Indiana, and on our way to Kentucky. As I said this has been the practice for the whole time I worked for them and for some reason and without telling me otherwise befor leaving on this trip, they are denying these receipts without explanation. They allowed me to spend my money thinking that everything was as it always has been. No warning or policy change beforehand whatsoever.

[Betty3]

Originally Posted by Dachel35

Betty,
I just spoke with an attorney, quite frankly the only one who would speak to me without taking $250 of my money, and he doesn't seem to think I have anything to go to court with, certainly nothing winable. I am beginning to think I am wasting my time here as the attorney made it quite clear that it is not about what actually happened, rather who is the more effective liar. It's his opinion that it doesn't matter what I can prove, it's what I CANT prove that will sink this. I am beginning to think they are probably going to get away with this while I move to the streets.

It might have been better if you let the EEOC/MDCR investigate first before wanting to sue. If they are asked to stop their investigation @ you want to sue or they decide not to take any action against the employer after an investigation, then a right to sue letter is issued. However, you don't have to sue after the right to sue letter is issued.