I'm off work on medical leave pending placement. The company just announced it will be shutting down the plant permanently in November 2015. If the company pays out severance can they exclude me while I'm off on medical leave? UAW is saying nothing at thi

I work for Mitsubishi Motors North America and I am currently on medical leave I was called in on July 17, 2015 for lite duty. I was back at work for a week when the company of 1,200 workers announced they will be shutting down the factory for good in November 2015. A week after that announcement my boss put me out on medical again saying he had no more work for me. I am still a full time employee with benefits but as of right now they're saying they have no work within my restriction which is not true. But it's there call. So I wondering if they decide to pay out severance can they exclude me for being off on medical leave?

1 answer  |  asked Jul 31, 2015 2:32 PM [EST]  |  applies to Illinois

Answers (1)

J. Bryan Wood
What a tough situation for all of your coworkers - but especially you. Your situation presents some interesting facts. You should probably consult with an employment attorney. Questions to discuss include whether your boss unlawfully put you back out on medical again lawfully (perhaps his motivation was to avoid paying you the severance) and, as you note, whether you'll be eligible to receive severance upon termination (likely a topic of bargaining if you are in a Union - so it may be too early to tell).

posted by J. Bryan Wood  |  Aug 14, 2015 7:45 PM [EST]

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