Bykaylo v. Charter Township of West Bloomfield, et al.

Plaintiff was terminated from employment pursuant to the terms of a collective bargaining agreement (CBA) after she failed to return to work at the end of an 18-month extended, long-term disability leave. Plaintiff was unable to return to work at the end of her disability leave due to neck and back pain, which was a continuation of the symptoms that originally caused her to take disability leave. The CBA provided that employees unable to return to work after a year of disability leave, plus a six-month extension, must be terminated from employment. Plaintiff sued the township and its officials, alleging that she was terminated for discriminatory reasons and in retaliation for exercising certain rights. RSJA attorneys successfully defended against alleged violations of the Worker’s Disability Compensation Act, Whistleblowers’ Protection Act, Elliott-Larsen Civil Rights Act, and the Persons with Disabilities Civil Rights Act. RSJA won summary disposition in circuit court, obtaining an order dismissing all claims. We also obtained a favorable ruling in the Michigan Court of Appeals, affirming summary disposition as to all claims and all defendants.