I live in New York State. My company does not feel comfortable with me doing my position while on chemo and they want me to go to part time at another store or go back out on disability(I was for five weeks while starting treatment). My doctor has cleared me to work full time and has told them there is no medical reason for me not to work full time. The problem is that my medical insurance will skyrocket in cost if I switch to part time(not to mention the drop in pay due to less hours worked) and if I go back on disability, then the company can actually terminate me after seven more weeks and then I would be really stuck trying to pay COBRA to keep my doctor(he is one of the best on Long Island) especially without a job.
I do not have money for an attorney but I have contacted the EEOC and the state human rights board. In the meantime, I haven't worked at my job in over a week while they wait for my doctor to respond back to them again. Aren't they discriminating against me??????
2006-10-13 17:44:31 · 12 answers · asked by Anonymous in Health ➔ Diseases & Conditions ➔ Cancer
I have been responding well to treatment and I need to work to support my family while I am still feeling good. Is there anyone out there that can help me try to solve this matter since I feel they are discriminating against me just because they are scared about me having cancer? Can anybody help me out here? I am more depressed about this issue than I am about actually having cancer.
2006-10-13 17:46:44 · update #1
I am not eligible for FMLA
2006-10-13 17:51:44 · update #2
The EEOC is supposed to protect those with disabilities, which cancer can be termed as such.
2006-10-13 17:53:08 · update #3
Go to the LAF website- www.livestrong.org and look at the survivorship tools. It has some info about these kinds of issues.
2006-10-16 10:06:05 · answer #1 · answered by turdl38 4 · 0⤊ 0⤋
I would contact the EEOC, and the Civil Rights commission in your state and find out what can and cannot be done by the company. They should have FMLA (Family Medical Leave Act) to cover you. I would show them that you are ok, by continuing to work full time. By law they should accomodate you if needed. Also contact the Labor Board and the Wage and Hour division in your state. Maybe even the ADA (Americans Disability Act). They can't do this to you unless you let them. Do you belong to a Union also? If so, contact them too. Good Luck!!
2006-10-14 00:51:06 · answer #2 · answered by Chris 4 · 0⤊ 0⤋
As you've presented this, if there is nothing else you haven't disclosed, then they are discriminating against you.
However, most Equal Opportunity clauses only cover race, religion, and sexual orientation, not physical health.
Because this is obviously work treating you bad over illness, try to see if any attorney will give you a free consultation. A lot of attorneys WILL take a case like yours on for free, and just collect at the end.
Or, go to your local college and see if you can present your case to their law department...it would help you and give the new attorneys experience as well. I think they call it pro-bono or something like that (meaning for free).
BEST of luck to you...try to think positive and stick it out...don't say "while I'm still well"...make it an effort to think you'll always feel well.
2006-10-14 00:51:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, they are discriminating you, if your Doctor says you can work, it is better to have legal help on this cases, and I am sure you are going to win. You have to stay calm because is bad for you to be stresses when you have cancer, this is another point in your favor, they are causing problems to you that can lead you to a worse condition, the Doctor should write down this for you to show it to you boss and give it to the people en charge of your legal case. Good luck and keep fighting for your rights
2006-10-14 08:08:15 · answer #4 · answered by pelancha 6 · 0⤊ 0⤋
I'm so sorry to hear that. I wish you the best. Is NY an at will state? If it is, they can release you at any time for any reason. Talk to higher management and find out exactly why they want to cut your hours.
I had to take off work quite a few times while my dad was in the hospital for 4 1/2 months when he was terminally ill. They "laid me off," for missing work. It's not right, but it happens.
2006-10-14 00:49:46 · answer #5 · answered by Justsyd 7 · 0⤊ 0⤋
I don't know what type of job you have but I would think that as long as your doctor is OK with you working full-time and as long as you feel well enough to do so, your company has no right to force you to part time or to disability leave. They are being jerks!
2006-10-14 00:49:51 · answer #6 · answered by smarties 6 · 0⤊ 0⤋
Ask for all they are telling you to be put in writing that way they can't deny it. You have a family to think of I fear the move to part time is a ploy to put you off insurance. Cancer treatment can be expensive. There might be a lawyer willing to take your case for free. Ask around.
2006-10-14 01:09:54 · answer #7 · answered by mindbender - seeker of truth 5 · 0⤊ 0⤋
MY husband had cancer,his job let him go,so he applied for
HIGH RISK BLUE CROSS BLUE SHIELD INSURANCE. THEY ARE VERY GOOD.
as for as your other problem,turn them in to the better business , also go to legal aid lawyers get in touch with your congress man,I know all this because my husband did it.HE or SHE
will help you, my husband was on disability,he had stage 4 cancer. He supported us very well
even with the insurance.I am so glad to hear your cancer is not terminal
GOOD LUCK
2006-10-14 05:01:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes, I think they are- who are they to make a medical decision? What is their training? Your doctor cleared you. You better start documenting this crap, write your boss a letter getting him to admit it, he will have to respond.
2006-10-14 00:47:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋
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2006-10-14 06:16:28 · answer #10 · answered by Anonymous · 0⤊ 0⤋