Legal Question in Workers Comp in Michigan

Can you be fired a month before Workman's Comp case is going to court?

My Mother-in-law worked for Sears and was injured there. She is now on long term disability and social security disability. She began a workman's comp case about a year ago and now it is going before a judge on may 12, 2004. My question is can Sears terminate her employment with the ongoing workman's comp case about to go to court in a month? Can they take away her retirement and pension before the courts can even make a decision? Does the FMLA apply to her since she has been disabled from work and now they are terminating her. They also have never officially told her she is terminated. She had to call to find out what happened to her health insurance that was supposed to be ongoing while on long term disability. Can they terminate and is it legal? How can we fight for her retirement and pension. We were not allowed to take action on it with the case ongoing, can they?

Thank you in advance,

Danielle


Asked on 4/29/04, 8:36 pm

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

Re: Can you be fired a month before Workman's Comp case is going to court?

I think that it is interesting that you are not getting these answers from your workers compensation lawyer. FMLA only gives you 12 unpaid weeks off. It has nothing to do with the issues involved. The law does not prevent termination. It only deals with the right to receive medical and wage benefits. Some unions have placed into their contracts that you continue to accrue seniority if you win the comp case. Your mother probably is not unionized so don't look for any help with a collective bargaining agreement. Just win the comp case and at least she'll have the injury related medical covered. Bill Stern 248-353-9400

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Answered on 4/29/04, 11:07 pm


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