Sheehan & Associates, P.L.C.

Did employer have just cause to fire worker after medical leave?

Employees in Michigan and across the country lose their jobs every day. While, yes, there are perfectly valid reasons to fire an employee, some terminations result in staff members asking if their bosses had just cause in concluding their working relationships. Those who feel they were wrongfully terminated can pursue legal remedies in an effort to seek damages for any losses suffered as a result.

In another state, a former employee of Boward Health has filed legal claims against the business after she was terminated following an approved medical leave. According to her claim, after taking medical leave to have a double mastectomy, she was denied the ability to return to work until she had a physical exam completed by the employee health department. Due to the nature of this woman's surgery, she returned with notes from her surgeon that should have addressed the issues looked for during a company physical. Her then employer apparently refused the notes and fired her when she failed to complete the physical in the designated time frame.

The plaintiff in this case is claiming that her former employer violated the Family Medical Leave Act by requiring their return-to-work physical screening and wrongful termination. Representation for the health care company denies any wrongdoing and claims the company policy is in accordance with state and federal guidelines. This case is still in litigation.

Whether or not the employer in this specific case had just cause for terminating this employee has yet to be decided. Employees residing in Michigan or elsewhere do have the right to question the reason behind their terminations -- just as the plaintiff in this case is doing. An experienced attorney can investigate and review the situation and proceed with legal claims -- if appropriate. Successfully litigated wrongful termination claims can result in monetary compensation for the fiscal losses experienced with unemployment and -- if desired -- job reinstatement.

Source: sun-sentinel.com, "Return-to-work guidelines at heart of woman's lawsuit against Broward Health", Emily Miller, April 13, 2015

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Sheehan & Associates, P.L.C.
1460 Walton Blvd , Suite 102
Rochester Hills, MI 48309

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