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Employee must sue a second time to recover sick pay under prior settlement agreement

Deborah Omokehinde settled her claim with the Detroit Board of Education under a release and agreement that the Board would "restore her sick days, personal days, vacation days, and seniority..."  She was forced to sue the following year, claiming that the Board had reneged on the agreement and failed to pay sick days, make a retirement contribution for her, or authorize her to receive a pension.  The trial judge held that these duties were implicitly included in the settlement agreement and awarded the plaintiff summary disposition.  On appeal, the Court reversed, holding that inclusion of these related pension rights must be supported by further factual development and that Omokehinde must also prove that the failure to receive sick pay was not a result of her own failure to file medical support for the claim.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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