Keith Montgomery sued his employer, the Larry Ross Garage in Wayne County, after his employment was terminated. He had complained of chest pain and numbness on the left side of his body, admitted himself to the Emergency Room, and his physician deemed it necessary to confirm that he had not suffered a stroke. After concluding that Montgomery had not suffered a stroke, the doctor wrote a letter to his employer confirming that Montgomery could return to work "without restrictions." Nevertheless, his employment was immediately terminated, and various conflicting explanations for the termination were offered.
Continue reading "Truckdriver fired after suffering possible stroke cannot sue for wrongful termination" »
Pathologist Diana Dimitrov sued her employer, Quest Diagnostics, after she was terminated from employment. Dimitrov argued that she was dismissed in violation of the Family Medical Leave Act and Michigan's disability discrimination act (the PWDCRA). Dimitrov endured a torn rotator cuff for a number of months before attempting to schedule surgery in December of 2007. She sought permission to schedule the surgery with a couple weeks' notice, and her supervisor told her to wait until after the holidays as the firm was unable to timely process work if she took leave at the same time that another pathologist was retiring. She complained about her supervisor's treatment of her claim and argued that because of that complaint, she was hounded into dismissal a year later, in retaliation.
Continue reading "Court dismisses doctor's claims under FMLA and PWDCRA" »
A case arising out of a Lutheran school in Redford, Michigan, has resulted in a new ruling by the U.S. Supreme Court with regard to the parameters of separation of church and state. Cheryl Perich taught at the Hosanna-Tabor Church school. Her duties included 45 minutes of religion-related instruction per week.
Perich claimed that the church violated federal law by discriminating against her medical disability, in violation of the Americans with Disabilities Act. She filed an EEOC claim and followed-up with a lawsuit. The school then fired her for resorting to the Courts to resolve her complaint. Lower courts had ruled that the Church could be held accountable for a violation of federal law. The Church appealed, seeking a ruling that under the "ministerial exception" to state and federal law, it had the unfettered right to fire anyone involved in teaching church doctrine, even if the employee's "ministerial" duties were relatively insignificant.
Continue reading "Supreme Court says church can fire teacher with theological duties, regardless of claimed disability discrimination" »
Jamie Bush sued Peninsular Realty, claiming that the company fired her from her assisted-living employment after she sought medical treatment for an injury suffered at work. In Michigan, the employer is required to pay certain minimal wage loss and medical benefits to an employee who suffers a work-related injury. Under the same law, it is illegal to terminate or discipline an employee who initiates a workers comp claim. Nevertheless, the Appellate panel upheld Bush's dismissal, relying in part on the fact that she was fired after seeking medical treatment, but BEFORE she actually filed a claim for workers compensation payment.
Continue reading "Appellate Court upholds dismissal of workers compensation retaliatory discharge claim." »
This week the US Supreme Court heard arguments on the thorny issue of relgious freedom, where allegations of illegal discrimination are raised. A Michigan woman, Cheryl Perich, attempted to sue the Lutheran Church where she was a teacher, alleging disability discrimination and illegal retaliation. Perich claims that she was fired in retaliation for seeking accommodation for her narcolepsy diagnosis.
Continue reading "Michigan woman's case addressing "ministerial exception" to discrimination claims is argued before US Supreme Court" »
A disabled person, Shirley Vinson, sued her employer, ABN Amro, after it terminated her employment. She alleged that the employer terminated her after eliminating its manual dialing service telephones and incorporated a new phone system with auto dialing that could not be accessed from outside the office. Vinson claimed that the employer made this change for the express purpose of eliminating her employment, since she typically accessed the phone system manually from home. The Court of Appeals upheld the dismissal of Vinson's claim. Judge Henry Saad and two others concluded that she had not established a prima facie case of discrimination.
Continue reading "Supreme Court overturns decision dismissing woman's handicap discrimination claim" »