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Michigan Comp Law?

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Michigan Comp Law? Empty Michigan Comp Law?

Post  TrekJeff Sat Sep 27, 2008 6:14 pm

I was working as a voter registration canvasser for a non profit here in Flint Michigan. While on the clock, I was changing locations from a non productive part of town to a better area to register voters.

In transit I was nearly hit by a car. I was commuting on my bicycle to the locations when a woman blew a stop sign. I was half way through the intersection and saw her out the corner of my eye, swerved to give myself some room, but caught the concrete curb, flipping me over my handlebars and sending me flying about 20 feet in the air. I landed on my right side, head shoulder and my right ankle took a bad beating. I was going to shrug it all off, but the director of the non-profit insisted I go to the hospital to get checked out. The doc told me and stated on the discharge papers that I could still work, but that I needed to take it easy over the next few days and rest as needed.

So yesterday I went full boar at work and had a great day. My ankle was swollen to the size of a soft ball, but still I produced decent numbers. Today I had a horrible day, ankle still churning and as far as producing registration forms, only one. When I turned in the one form for today, I was told they decided to let me go. Also before being told I was getting let go, they had me sign a policy/procedure form that stated the quota of forms required to stay on staff.

The day of the accident and today put me below the stated quota for the week, thus allowing them to let me go. Seems shady, do I have any recourse? And the injuries are still aggravated.

This doesn't seem right. Are non-profit's allowed to do something like this?

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Post  JoeC (McGruff) Sat Sep 27, 2008 11:23 pm

No they are not in Michigan you can not retaliate against an employee for filing a W.C claim.To establish a public policy violation, the employee must show that the termination was in violation of "explicit legislative statements prohibiting the discharge, discipline, or other adverse treatment of employees who act in accordance with a statutory right or duty,terminations in violation of public policy include terminations resulting from an employee filing a workers' compensation claim:
Taylor v. General Motors Corp., 826 F.2d 452, 456 (6th Cir. 1987).
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Post  bears00 Wed Oct 01, 2008 3:35 am

While I won't say that what they did is "BLATANTLY ILLEGAL," it sure as heck doesn't pass the sniff test.

I would seek the assistance of a qualified comp attorney.
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