My wife was just let go from an employer in Paw Paw Mi. She had told her supervisor last week she was considering going

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Customer: my wife was just let go from an employer in Paw Paw Mi. She had told her supervisor last week she was considering going on short term disability for some health related issues she is having. She has an auto-immune condition and it's flaring up. She just received a great review within the last 3 weeks also. Is this legal or did they violate the law letting her go like that?
JA: Have they discussed the termination with a manager or HR? Or with a lawyer?
Customer: No. Not yet. Her supervisor met her out of the office to let her go
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: It's at will and salaried plus comission
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's the gist of the whole thing
Answered by attyadvisor in 5 mins 7 months ago
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Jessica

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attyadvisor, Expert

Welcome to JA and thank you for your question. I am Atty2 and it will be my pleasure to assist you. I have 32 years of experience and have been a certified Attorney on Just Answer since 2012.

Please be patient if I do not respond right away, I may be typing my responses or working on another customer’s answer. The site will generate an automatic option for a telephone call for you, in the meantime it will be my pleasure to work with you in this format.

Just Answer Is a general information site that does not create an Attorney/Client relationship with the Customers. I will do everything in my power to get you headed in the right direction.

I am sorry that this happened to your wife.

Based on what you stated it appears that she was let go based on her disability and under the law that is a wrongful termination.

Let me provide the link were she file a discrimination complaint against the employer as well as information on the process.

Thank you for your patience. 

Customer
That was kind of what I thought also and it was very unprofessional of them to have her drive there to be let go. They also said they will only pay her last 2 weeks if she bring back thr excess inventory at our house and all sales materials by Friday
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attyadvisor, Expert

You are correct.

"Rights to Equal Employment Opportunity

A complaint may be filed if, for reasons of religion, race, color, national origin, genetic information, age, sex, marital status, height, weight, arrest record, or disability, a person has been:

  • refused employment
  • paid less money for equal work
  • harassed or subjected to unequal treatment on the job
  • denied membership in a labor organization
  • expelled from a labor organization
  • denied promotion
  • denied representation in a grievance
  • fired without just cause
  • denied admission to a training program

In employment, all jobs must be open to both men and women unless the employer proves that sex is a bona fide occupational qualification (BFOQ--see the Pre-Employment Inquiry Guide in the Publications section of our site). A woman may not be excluded legally from a job for any of these reasons:

  • assumption that women are unable or unwilling to do the work
  • preference of co-workers, employers, clients, or customers
  • the job has been traditionally restricted to men
  • the work involves heavy physical labor, manual dexterity, night hours, overtime, or work in isolated locations or unpleasant surroundings
  • the work involves travel, or travel with co-workers
  • physical facilities are not available for both sexes
  • the job requires personal characteristics (tact, charm, aggressiveness)..." https://www.michigan.gov/mdcr/for-victims-of-unlawful-discrimination

I can provide a link for local Attorneys that provide free consultations in the area that can personally assist her if that would be helpful? 

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attyadvisor, Expert

"Complaints must be filed with the Michigan Department of Civil Rights within 180 days following the alleged act of discrimination. Complaints more than 180 days that do not also fall under federal jurisdiction may be filed in State Court within three years. Complaints may be filed in State Court without first filing with the Michigan Department of Civil Rights.

Complaints of discrimination covered by Title VII of the US Civil Rights Act occurring over 180 days but less than 300 days in the past may be filed at either agency but will be handled only by the EEOC..." https://www.michigan.gov/mdcr/divisions/enforcement/investigation/jurisdiction

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attyadvisor, Expert

I hope you find this information helpful.

If I did not answer your question or if you have any further questions or need further information please do not hesitate to ask me. It will be my pleasure to continue to assist you.

Thank you for trusting us with your question.

Thank you for using JA. We appreciate your business.

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