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Wrongful Termination

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Brandon1015

Junior Member
I was employed in the State of Michigan and worked for this company for a few years. I had two weeks vacation nearing and then we found that father was termially ill. I requested for a week of personal time off, and directly after to use my 2 weeks paid vacation, all was authorized by owners and manager on paper ( which i was denied to get after found position terminated). I left for my 3 total weeks of time off. On Sunday before i was to return to work i decided to call the manager on his cell to see if they wanted me to open shop or if they had someone on that, it was then i was notified the owners made the decision to let me go. ( At will State )
The part I feel was unlawful in my termination was that 1/2 way through my 3 weeks off I received a statement from my insurance company stating my insurance became ineffective a day after i left for my time off, and i never received any vacation pay. I never read the statement until I found out I was terminatated, i assumed it was junk like they typically send.
Is this legal?
 


Beth3

Senior Member
The part I feel was unlawful in my termination was that 1/2 way through my 3 weeks off I received a statement from my insurance company stating my insurance became ineffective a day after i left for my time off, That's not unlawful. Apparently they terminated your employment as soon as you left. and i never received any vacation pay Michigan law does not require an employer to pay out vacation upon termination. It only requires an employer do so if they have a policy of doing so.

Is this legal? While it's impossible to understand your employer's rationale to terminate your employment in this manner and under the circumstances you describe, it was legal.
 

purple2

Member
Couldn't that have fallen under FMLA if she was the dad's caretaker and the other requirements were met?
 

Beth3

Senior Member
purple, you have an excellent point which I completely missed. :eek:

Brandon, how many people work for this employer at the site you were at and within a 75-mile radius, and how long have you worked there?
 

Brandon1015

Junior Member
I was employed by them for a little over 2 years going on 3. At that specific site there were a total of 6 people all together within the mile 75 mile radius. Total employees within company as a whole I believe to be close to maybe 100 people.
 

Beth3

Senior Member
Then determining whether the FMLA was at play here is pointless . There would have had to be at leat 50 employees at the site you were at or within a 75-mile radius for FMLA to apply.
 

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