Today, Thursday, you didn't come into work and indicated that your child had a minor cold. Fieger then noted that Milman had already previously used five vacation days and two sick days, and that she was up to 10 days off total by then.
Sincerely, Geoffrey Fieger. Milman had cleaned out and disinfected her desk because office management suggested everyone do so when the national emergency was declared, not because she was planning on leaving, the lawsuit states.
After getting Fieger's termination letter, Milman reached out to HR again and asked if Fieger would reconsider. On March 23, Milman requested a copy of her personnel file. That same day, Whitmer announced a statewide stay-at-home order, which discontinued all nonessential business and travel and ultimately remained in effect through the end of May. Later that day, Fieger sent a second signed termination letter, enclosed in Milman's personnel file, reiterating her firing. It refers to the FMLA," Fieger said, referring to the federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.
And Milman never did, he said. She didn't apply for anything. Enough is enough," said Fieger, adding: "She can get another job. She's a lawyer. Go get a job. The new law, which went into effect on April 1, includes the following:. The lawsuit, which seeks unspecified monetary damages, cites both of those acts and accuses Fieger of violating the FMLA by allegedly interfering with Milman's right to obtain a leave from work, and, by retaliating against her for invoking that right: he fired her.
The lawsuit also alleges that Fieger violated Michigan public policy "that an employer may not discharge an employee where there are explicit legislative statements prohibiting the discharge, discipline, or other adverse treatment of employees who act in accordance with a statutory right or duty. Fieger denies violating any employment law or public policy, and says this case has nothing to do with COVID Facebook Twitter Email.
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Under the FMLA, a 'serious health condition' is one requiring hospitalization, or ongoing care by a medical provider — neither of which applied to the woman's son, the judge wrote.
But that occurred well before her firing, he added. Murphy also dismissed state claims that were raised, but without prejudice — which mains the plaintiff can refile the claims. That's what Gordon plans to do in state court.
Gordon said she is disappointed the FMLA claim was dismissed, but called it a "technicality" and said she now plans to pursue the case in Oakland County Circuit Court. More: Feds: How problem Highland Park cop got busted dealing fentanyl-laced heroin. Gordon said she plans to argue, among other things, that her client was entitled to leave under the governor's then executive orders, which allowed people to work remotely.
Fieger has called the lawsuit "complete nonsense," saying Milman was an at-will employee who was fired for refusing to come to work.
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