can a person be fired from a job because of an illness?

Question

I was told I was going to be replaced at work because I am going thru chemo treatment I have been employed at the same job for 2 years.

Answer 1

If your employer has at least 50 employees within a 75 mile radius of the workplace, and you have more than 1 year of service then you are covered (and perhaps protected) under the Family and Medical Leave Act (FMLA).

Your State may have a similar law that runs at the same time or after the Federal law's limits expire.

In any case, under existing law, or the "at-will" doctrine, or collective bargaining agreement, you may be terminated if your absence is of an unknown duration and therefore the possibility of you never returning to the employer is evident.

However, where your treating physician provides documentation that the treatment will be short term (less than 6 months) and result in either cure or remission of the problems, then, again provided that you are covered under either/ both Federal /State FMLA, you may be eligible for full weeks, partial weeks, or partial days of leave.

Depending on your job, and responsibilities, the employer may elect to fill your position, on a temporary basis for the time that you are on leave.

In addition, check employee handbook, if any, or the Human Resource Department, if any, or the Company policy (ask your supervisor to provide a copy, initially verbally, and if no response within a reasonable amount of time, in writing), relating to ANY leave.

Answer 2

Run, don't walk, to a labor/employment lawyer or the nearest legal aid society in your city. You probably do have some disability rights, and you need the help of a professional who can steer you through the legal system. It's complicated, and it also varies from state to state so you need someone local.

Answer 3

File under the fmla (family medical leave act) they cant fire you and must maintain your meical, and other benifits. You do not get paid thought.

Answer 4

Yes. If your absense is preventing your employer from profiting and providing effective customer service then he is well within his rights to do so.