Legal Question in Discrimination Law in Michigan

MIOSHA discrimination case

I was terminated from my job this past Jan.,2005, and currently have a discrimination suit against my employer through MIOSHA.According to the lady handling my case,they are in violation of human rights, and she is going to talk to their attorney about getting me back pay and job reinstatement. My question is this.....given the size of my employer(small) and bad relations that are now eminent between my bosses and myself, I feel completely uncomfortable returing to work there. Are there any other recourses,such as them paying me a lump sum of money to settle and have me not return? I am sure they feel the same way towards me and would be equally uncomfortable. Also, is there anything else I can do (lawsuit wise) for my pain and suffering,etc.Tia


Asked on 5/14/05, 5:05 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: MIOSHA discrimination case

If you have a case that would qualify for discrimination under the state civil rights or federal handicap law, then you can pursue a civil remedy. However, even though you may get damages from the employer, you have the duty to mitigate your damages by attempting to find employment elsewhere. If you fail to mitigate your damages in that manner, they have a defense, although not a total defense because they would still owe you damages for the illegal actions. Attorneys fees are paid by the employer, if you win. Normally, attorneys add such fees to part of the overall damages to boost the award. Feel free to give me a call. William S. Stern 248-353-9400

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Answered on 5/15/05, 4:16 am


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