Legal Question in Employment Law in Michigan

job reinstatement

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, 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. Do I HAVE to return to work if offered, and 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. Tia


Asked on 5/14/05, 5:30 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: job reinstatement

It would help if I knew if you were terminated before or after MIOSHA became involved and the reason your employer gave for your terminaton. Did you draw unemployment?

You're correct that most employers (small or large) would rather pay you a lump sum in lieu of reinstatement. The amount depends upon the degree of liability your employer perceives if no settlement is reached.

I could give you a better idea if I had more details, i.e.

1. How long were you employed? Job title? Reason for termination? Pay rate? Union member? Any discipline in your personnel file?

2. What is the MIOSHA violation? Were you injured? Others hurt? Others terminated for same reason as you?

William Morrison

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Answered on 5/14/05, 6:55 pm


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