2007-04-01 08:15:01 · 12 answers · asked by marian t 1 in Health ➔ Diseases & Conditions ➔ Cancer
No, it's not legal. If you or someone you know has been terminated, contact a lawyer to see if you have a case. I had cancer. I missed a lot of work, but I applied and got FMLA. It's the family medical leave act. You can't be fired and they have to hold your position for you. Your doctor has to fill out some paperwork, but it's easy to do. You won't get paid (after you exhaust all your leave), but you will have a job and your benefits.
http://www.dol.gov/esa/whd/fmla/
2007-04-01 08:19:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
As others have said, it is illegal; but there are some caveats.
If you live in a "right to work" state, they can let you go for any reason, or "no reason at all", as long as they don't say anything that violates the law.
Ask some questions, ask around, check e-mails. If you are VERY lucky and find evidence of your cancer being discussed at the time the decison was made to let you go, you have a case...
You may not win a lot of money (it will likely be an out-of-court settlement and you won't be allowed to discuss it) but it won't hurt!
2007-04-01 14:24:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
For someone to be terminated due to a health issue is in direct violation of the Americans with Disabilities Act. Someone above advised for you to file for FMLA. This is a wonderful suggestion. You should seek counsel from a lawyer immediately. The company that does this needs to be sued and made a public spectacle of.
2007-04-01 12:35:09 · answer #3 · answered by Dragon 1 · 0⤊ 0⤋
If the person has actually been diagnosed with cancer they are protected by the Americans with Disabilities Act and they cannot be fired because of the disease--but they can be fired for legitimate non-discriminatory reasons.
2007-04-01 15:24:09 · answer #4 · answered by kathylouisehall 4 · 0⤊ 0⤋
no it is not
you can legally go on a sick leave for so long after this
if your cancer is bad enough that you wont be able to work then the company has to give you a severance pay=this holds you over until you get disability
2007-04-01 08:20:01 · answer #5 · answered by caffsans 7 · 0⤊ 0⤋
Absolutely not.
I had a bad experience once when I was seriously ill and had surgery, I missed a lot of work. Somebody else got a position that had been promised to me (verbally). So I wasn't fired, but eventually ended up leaving.
But firing is clearly illegal, demand your rights
2007-04-01 09:33:41 · answer #6 · answered by greengo 7 · 0⤊ 0⤋
No co makes decisions like this on a whim. Most likely they consulted with theirattorney first.
They probably needed someone to do your duties, so they hired someone.
Contact them ask how long your benefits continue and what kind of a settlement do they propose.
2007-04-01 09:03:52 · answer #7 · answered by TedEx 7 · 0⤊ 0⤋
I'm a nurse, seek legal advice you have a case. Take care
2007-04-01 12:50:11 · answer #8 · answered by nursey 3 · 0⤊ 0⤋
Is that the only reason? That's discrimination and a human rights issue. Get.a lawyer.
2007-04-01 08:18:40 · answer #9 · answered by ? 7 · 0⤊ 0⤋
No.
Check here:
http://www.patientadvocate.org/
2007-04-01 09:08:17 · answer #10 · answered by thinkingtime 7 · 0⤊ 0⤋