My mother was terminated from her employment 10 years ago. The reasons behind the termination are unclear, but the understanding is that it was due to mistakes made in data entry. During that time, her vision was decreasing and she was seeking medical explanations for it, with no definite diagnosis. She was offered a severance, and received unemployment pay for a time, but has since been found to be legally blind, and also has a proper diagnosis for her illness. We are wondering at this time, if it is even possible to file a wrongful termination suit since she was seeking to resolve her vision impairment during her time of employment, and ultimately finding that the disability is the reason she was terminated. Would there be any possibility of financial compensation for this being so long after that fact that a diagnosis was even discovered?
The statute of limitations with regard to discrimination claims in Michigan is 3 years. In some cases, the statute of limitations is even shorter, i.e, claims under the WPA have to be filed within 90 days of the adverse employment action. If your mom signed a severance agreement, she likely gave up her right to sue. If she didn't sign the severance, she is likely unable to bring a claim as more than 3 years has passed since the time of the adverse employment action.
This information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline