Legal Question in Employment Law in Michigan
My wife and I are an interracial couple and we were continuously harrassed and subjected to racial innuendos in the workplace. We were referred to as a "nigger and a "nigger lover" by coworkers. The Michigan Department of Civil Rights investigated and ruled in our favor. Witnesses corroborated our claims. As a result we are being told that we can sue for lost wages (approximately $5000). Can we sue for punitive damages, and if we accept the $5000 do we forfeit any other legal remedy?
2 Answers from Attorneys
The Michigan (not Federal) Civil Rights Act provides for personal injury (pain and suffering) damages. Juries sometimes use this provision to punish the employer by awarding plaintiffs large sums as long as the damages are not styled as punitive.
If you accept the $5,000 for lost wages, the settlement agreement will undoubtedly preclude you from any and all other remedies.
I agree with William. You can't sue if you accept the 5k. If you would like an experienced private employment attorney to examine your case for free, visit me at www.kliszlaw.com to get started. Tim Klisz