Hearing today
Last year I started a job for a city. I was a good job, lots of changes happened because of new management. The benefits were good so I rolled with the changes. Six months after working there, I found out I had cancer and had to have surgery. I spoke to my two superiors about it and they terminated me. They said it was company policy. This was in November. Eight weeks after having surgery I applied for unemployment and was denied at first but was eventually approved. Last week I got a notice from the unemployment people that my old employer was going to appeal the decision. 5 months later!!! Today was the hearing and I won. The thing about it is...I am so hurt. I did a good job for them, they chose to terminate me because I was sick. I live in a small town and every time I see these people they are so nice to my face but were willing to throw me under the bus...AGAIN! I want to send a letter to the newspaper and tell everyone what happened but who knows if I will have water, or police protection or if the fire department will come if my house catches on fire if I do that. (small town living) I didn't do anything wrong other than get cancer...I thought these people were my friends but when it came down to it, they just looked out for #1!!! Anyway, I just needed to tell someone besides my immediate circle. Thanks for listening. :)
Need someone to talk to. You can email me at my private email at dclagett62@gmail.com
Becki, it is saddening to hear of any employer discriminating against a fellow worker, when emotional and psychological bonding should have been the standard response. Cancer is a terrible thing, as it derives its existence on our cells starvation of oxygen. I wish for you full health and a prosperous future. And it could be. I read Leslie's response for you and she is correct. It has something to do with the amount of employee's they show on the books. Now that you've vented, search out a specialized attorney and reexplain everything one more time. My sister-in-law was just awarded $100,000. in CA when this happened to her a few years back. For some reason I want to say it took almost 5 years for it to get to trial, but it is illegal to be terminated for disclosing you had cancer. There are many reasons why they do it though. Imagine they all stood with you, creating shifts you were still able to handle. They watched and supported you throughout the therapy and surgery, only to have you get worse...perhaps even die. It did not happen, but it has happened. Our eldest brother was treated for 12 consecutive months in KS, only to be told it was in remission, and they sent him home. He died the next day.
Life is already too short for debilitating illnesses and unemotional company's who don't seem to mind that there is a person inside that body they're utilizing. And the list is ever growing of who you should be writing letters to. Compose yourself, and the letter can be re-headed for the different departments and agencies it will seek out.
I would have never suggested this during the last 8 years, because we had an atty in the White House. But now we have a businessman. And even as misogynistic and 'red ocean' as he comes off, he and numerous constituents need to become aware of the poor conditions and in-humane treatment from employers who feel they can either burn our flesh in the ground, or dismiss us at will. Respectfully, Philip M Brockman
Becki,
I will pray for a speedy recovery. I'm a young breast cancer survivor and I understand how hard the battle with cancer is.
I'm not a lawyer, I am a paralegal. What I'm about to say is not to be construed as legal advice. I'm just telling you what I would recommend if a close friend or relative were in your situation.
If you were terminated because you revealed you had just been diagnosed with cancer, your termination is illegal.
Cancer is a protected class under the Americans with Disabilities Act. An employer cannot terminate you because you revealed you had just been diagnosed with cancer.
Under the Americans with Disabilities Act, an employer must accommodate you, unless it will cause the employer a great deal of money or some sort of hardship.
You were responsible and notified your employer and then you were denied your right to work out some sort of solution while you're being treated for cancer. Instead your employer discriminated against you because you revealed you had just been diagnosed with cancer.
The FMLA would only apply if you have worked for your employer for at least a year and the company has a certain number of employees. I think there has to be at least 50 employees, but I can't remember what the minimum is.
Most states are employment "at will". This allows employers to fire you for no reason, and you can quit your job for no reason. It's a bit different if you have an employment contract. BUT being terminated because you have cancer is illegal even when it's "at will" employment.
You should file a complaint under the ADA and the EEOC. I know there are filing deadlines, but an employment attorney can help with that, as can the ADA and the EEOC.
Hold your former employer accountable. If you do, you'll help not only yourself, but others.
Becki:
I'm sorry to read about your cancer, and that your employer terminated you on top of denying your unemployment benefits. That's wrong of them, especially if/when you did good work in representing their company and your work ethic. I hope things are better with your cancer, and that at the very least your unemployment benefits are helping you partially survive. It's sad that employers treat people this way, termination upon sickness. Really anything these days, but that's what your medical benefits are supposed to be used for.
I hope things are and will get better for you, and hopefully you never have to go through this again and will be able to move on.
I'm so sorry you had to go through that dear. I hope you health has improved. May God be with you. I have been denied unemployment also after 17 yrs of service I'm so upset. Thank you for sharing. Hope you have a blessed day