FMLA & ADA Lawyer in Bingham Farms, Michigan

Act quickly and carefully. Before confronting your employer or signing anything: Preserve emails, texts, reviews, and attendance records Write down a timeline of events (before, during, and after leave) Avoid emotional or accusatory communications FMLA wrongful termination cases are very timing-driven. The closer the firing is to your leave, the stronger the inference of retaliation—but only if the facts are handled correctly.

“Job elimination” is one of the most common defenses employers use—but it’s not automatically legal. Courts look closely at: Whether other employees were affected Whether your duties still exist under a different title The timing of the decision Whether the explanation has changed over time If the “elimination” conveniently happens while you’re out on medical leave, it may still violate the FMLA.

Yes—but only under very limited circumstances. An employer can terminate an employee on FMLA leave only if they can prove the termination would have happened even if the employee had never taken leave (for example, a documented layoff affecting multiple employees). If you are singled out, replaced, or suddenly written up while on leave, that’s a major red flag for wrongful termination.

This distinction matters a lot in wrongful termination cases. FMLA interference happens when an employer denies, delays, discourages, or obstructs your right to take leave (for example, refusing leave or misinforming you about eligibility). FMLA retaliation happens when an employer punishes you for using FMLA—such as firing you, demoting you, or cutting your hours after you return. A termination is usually analyzed as retaliation, not interference.

No—not legally. If you are eligible for FMLA and properly take protected leave, your employer cannot fire you because you took that leave. That said, many employers don’t say, “We’re firing you for FMLA.” Instead, they point to performance issues, restructuring, or policy violations. When a termination happens during or shortly after FMLA leave, the key legal question becomes whether the stated reason is real—or a pretext.

Discrimination is illegal under ELCRA when an employer treats you worse because of a protected characteristic—not just because they don’t like you or think you’re a bad fit. Examples include: Being fired shortly after disclosing a pregnancy Being passed over for promotion because of age Being disciplined more harshly than coworkers outside your protected group Hostile or degrading comments tied to race, sex, religion, or sexual orientation A bad boss isn’t illegal by itself. A bad boss who targets you because of who you are may be.

ELCRA stands for the Elliott-Larsen Civil Rights Act, Michigan’s main workplace discrimination law. It protects employees (and job applicants) from discrimination based on: Race or color Religion Sex (including pregnancy, sexual orientation, and gender identity) Age Height or weight National origin Marital status If you work in Michigan, ELCRA likely applies to you—whether you’re hourly, salaried, union, or management. It applies to most employers with one or more employees, which is broader than many federal laws.

Absolutely. Timing is often one of the most important pieces of evidence in a wrongful termination case. Courts closely examine: Firings shortly after discrimination complaints Terminations following FMLA or medical leave Discipline that appears only after protected activity Sudden policy enforcement that wasn’t applied before The closer the termination is to the protected activity, the stronger the inference that retaliation may have played a role—especially if the employer’s explanation feels rushed or inconsistent.

Yes—constructive discharge can count as wrongful termination, even if you technically resigned. Constructive discharge occurs when: Working conditions become so intolerable that a reasonable person would feel forced to quit The employer intentionally creates or allows those conditions The conditions are tied to discrimination, retaliation, or protected activity Examples include extreme harassment, deliberate isolation, demotions with no legitimate reason, or forcing impossible job requirements. Courts treat these cases as terminations—not voluntary quits—when the facts support it.

No. An employer cannot legally fire you for requesting a reasonable accommodation for a disability. You are protected when you: Ask for modified duties, scheduling changes, or medical equipment Provide medical documentation when requested Participate in the interactive accommodation process An employer may deny an accommodation if it causes undue hardship—but terminating you for asking is unlawful. If discipline or termination follows soon after an accommodation request, that timing often raises a retaliation or discrimination issue.

Possibly—and this is one of the most common wrongful termination scenarios. Employers cannot fire you because you took protected medical or family leave. While an employer may claim: Performance issues Job elimination Policy violations Courts look closely at: Timing of the termination Prior performance history Whether rules were enforced consistently Whether your job still exists Firing someone shortly after FMLA or medical leave is a major red flag and often warrants legal review.

It depends on which FMLA “12-month method” your employer uses. Employers can choose from four methods, including: Calendar year (January–December) Rolling backward from the date leave is used Fixed year (like a fiscal year) Your 1,250-hour eligibility requirement does not “reset” automatically on January 1 unless your employer uses the calendar-year method. Ask HR (in writing) which method applies. Employers must apply the method consistently.

Generally no—not if the absences are protected. If your leave qualifies under ESTA, FMLA, or ADA, firing you for using legally protected time is unlawful retaliation. However, absences not covered by these laws can trigger attendance policies. If your employer suddenly becomes stricter after you start using protected sick time, that’s a warning sign.

Under Michigan’s revived Earned Sick Time Act decisions in 2023 litigation, eligible employees may use paid sick time for: Flu or other illnesses, Care of a sick family member, Medical appointments, or School/childcare closures for health reasons. Employers cannot discipline you for protected sick-time use, even if holiday staffing is tight. They can require notice according to their written policy, but they cannot punish legitimate ESTA use. Always follow the call-in procedure and keep a record of the request.

While you’re on FMLA, your employer must continue your group health insurance just as if you were still working. That means the same coverage, the same plan, and the same employer contribution. The only catch? You’ll still need to pay your share of the premiums, just like when you’re on payroll. Usually that’s arranged through direct payments or deductions once you return. If your employer stops paying their portion or drops your coverage, that’s an FMLA violation — and it can be corrected or compensated through legal action. Your health insurance stays in place. You keep paying your part; they have to keep paying theirs.

Absolutely not. It’s illegal for your employer to fire, discipline, or retaliate against you for using FMLA leave — or even for requesting it. That means: You can’t be demoted or lose pay for taking approved leave. You can’t get negative performance marks tied to your absence. You can’t be replaced while you’re out. If your employer suddenly changes your role, criticizes your attendance, or “restructures” you out of a job right after you take leave — those are red flags for retaliation. That’s exactly the kind of situation Batey Law handles every day. You have the right to take care of yourself or your family without losing your job for it.

No, not for actual work. While on FMLA, your employer can reach out for administrative reasons — like asking where you left a project or checking your return date — but they can’t expect you to work or meet deadlines. If you’re being called, emailed, or pressured to perform tasks during your leave, that’s not okay. FMLA leave is meant to let you focus on your health or your family, not sneak in part-time work from home. A quick call to locate a file? Fine. Expecting you to “hop on a Zoom”? Not fine.

If you know you’ll need leave in advance — like for surgery, childbirth, or a scheduled treatment — you should give your employer at least 30 days’ notice. That’s the standard under the Family and Medical Leave Act (FMLA). But life isn’t always that neat. If something unexpected happens — an emergency hospitalization, a sudden diagnosis, a family crisis — you just need to tell your employer as soon as possible. The law recognizes that sometimes you can’t plan ahead, and your right to FMLA protection doesn’t disappear because of that. Give as much notice as you reasonably can. If you can’t, communicate quickly once you’re able.

Here’s how to do it the right way: Notify your employer as early as possible — Ideally 30 days in advance if it’s foreseeable (like surgery or a due date). Submit a formal request — Follow your company’s policy (they may have a specific form). Provide medical certification — Your doctor will likely need to fill out paperwork confirming the condition qualifies under FMLA. Stay in communication — Especially if your return date changes or you need intermittent leave. Your employer must give you a Notice of Eligibility and your FMLA rights—so if that doesn’t happen, something may be wrong.

The FMLA is a federal law passed in 1993 that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons. The goal? To balance work and family responsibilities without forcing you to choose between your paycheck and your health—or your family’s well-being. In Michigan, FMLA rights are often paired with state laws or employer policies, so it’s important to check what additional protections you might have too.

FMLA leave isn’t just for personal illness—it covers several important life events: Birth of a child and bonding time after childbirth (for moms and dads). Adoption or foster care placement of a child. Serious health condition — if it prevents you from working or if you need to care for a spouse, child, or parent with a serious condition. Military family leave — to care for a service member or handle qualifying exigencies when a loved one is deployed. It must be a serious medical condition—think hospitalizations, chronic illnesses, or conditions requiring ongoing treatment.

To qualify for FMLA (Family and Medical Leave Act) leave, you must meet a few key requirements: Your employer must be covered — Typically, this means they have 50 or more employees within a 75-mile radius. You must have worked there for at least 12 months — These don’t need to be consecutive months. You must have worked at least 1,250 hours in the 12 months immediately before your leave — That’s roughly 24 hours per week. Example: If you work full-time at a large healthcare system in Michigan and have been there over a year, you’re probably covered.

Great question—these are two separate but often linked violations: FMLA interference happens when your employer denies, discourages, or interferes with your right to take leave (like denying leave for a serious health condition or making you work while on leave). FMLA retaliation occurs after you’ve taken or requested leave and your employer punishes you for it (like firing, demoting, or reducing your hours). In Michigan, you're protected under the federal FMLA and also under state laws that may support medical leave or disability accommodation. If you suspect either interference or retaliation, you have a right to legal action.

That’s a red flag. Employers must consider reasonable accommodations that allow you to perform essential functions.

Often yes—especially short, fixed periods or intermittent time off tied to treatment

Usually HR needs functional limitations, not your full diagnosis. We’ll help tailor documentation to what the law requires.

No. Neutral attendance policies cannot penalize FMLA‑protected time off.

If your employer is covered and you’ve worked at least 12 months and 1,250 hours in the last 12 months, likely yes. We’ll confirm and map the cleanest path.