Do I have a case for wrongful discharge. I was fired for a broken hand. Is this legal

[stefaniz]

Hey everyone, im Stephani and I live in the state of Michigan.

I recently broke my hand (at home), requiring me to get surgery. My employer fired me 10 days after the accident. I have worked for him for 10 years. He called me on the phone(never sent a letter in advance) and told me that it would be better if i move on and get my things, that he need someone who can work. Can I file for wrongful discharge? He has under 10 employees tho. I don't have an attorney at this point and im not sure if its worth it to pursue the case.

thanx
Stephani

 

[ecmst12]

With only 10 employees, he's not covered by FMLA. So yes, he can fire you for getting hurt and being unable to work.

 

[commentator]

This situation is one of the horrible holes in the safety net for American workers. No FMLA, they can fire you. No work, no pay, no benefits.

Stefani, as soon as you are released by your doctor to be able to work again, file for your unemployment insurance. In fact, file as soon as you can and get this situation going. You will not be able to draw benefits until you have been released to return to work, but if your employer fired you for this reason, you have a very good chance of being able to draw unemployment once you are able to work again. Since they terminated you, they cannot keep you from drawing by calling you back or offering your old job back (though you could take it back if you wanted to.) So it is really their loss for not waiting for you.

Once you have been released, and have signed up for your benefits, check into retraining opportunities and state paid schooling while you are looking for another job.