|
|
 |
 |
QUESTION #1:
My husband was diagnosed with stage 4 colon cancer in August of 2005. By mid-November 2005 I was fired. It was 4 days before I qualified for family medical leave and additional sick and vacation time. I feel that I was discriminated against because of my husband's illness and was let go prior to qualifing for FMLA, so I could not legally take a leave of abscence. I have some points at work that supports I was not fired due to job performance issues. For example I was given a raise during this time frame and assigned addtional duties. There are other points that I believe support my case.
I do live in Kansas, which gives an employer a right not to give a reason for firing you. But I feel I was fired on purpose for invalid reasons. Please help me. I do not know where else to turn and I am paying COBRA premiums while I am unemployed.
ANSWER:
I am the legal counsel for Cancervive. If you are in Kansas (Kansas City? or Topeka? hopefully a large city, you need to get in touch with the lawyers referral service, or the local office of the EEOC. It is illegal to discriminate against someone who has a handicapping condition, and also against someone, such as yourself, who is assisting or wants to assist someone who has a handicapping condition. The family and medical leave aspect is a very interesting one — however the proof of discrimination is very difficult in these types of cases and you will need a local lawyer, or a representative from the EEOC to assist you in filing the appropriate complaint within the necessary time frame, which from what you have stated in your email appears to be within 6 months from your firing (or within 45 days if you are a federal employee) If you are a state or local employee there may be different time limits. Please note that if you miss your time limits you may be foreclosed from filing a complaint or lawsuit in this matter.
Please contact a local attorney as soon as possible. Try the phone book and also the web, and particularly I suggest www.Findlaw.com to help you find a local attorney in Kansas who has expertise in employment law and discrimination.Although we at Cancervivie cannot represent you or provide specific legal advice in your case, we wish you the best in furthering your claim.
Sincerely,
Michael L. Spekter
QUESTION #2:
My father was diagnosed with non-hodgkins in January of this year. He took 2 months off of work under the FMLA. When he returned, they kept his managers level pay but shifted him around from job to job. Prior to the cancer, he received a promotion as manager and when he returned, they had placed someone in his position and proceeded to move him around the plant in various positions. Currently, they have him in maintance doing welding and other odd jobs. Today he came home stating that after the first of the year, he was told that he would be going back on hourly pay and would be making the original pay prior to the promotion because there would be no manager positions left after the new year. They also told him that his new supervisor would be a guy that he has had trouble with before because he gave him a hard time about his duties while he was undergoing chemo and radiation. This guy used to yell at my dad and demean him and no one would do anything about it. Finally, they just moved my dad to another position away from this guy. Now, he'll be his supervisor again. Do we have any legal rights? Please help.
ANSWER:
My response to Celia, given the facts that she has provided is that it appears that her father is being discriminated against because of his cancer, and possibly because of his age. He needs to contact a local attorney, recommended by the local bar association if there is one in her area, who specializes in Employment law. If the employer has more than 25 employees they should be covered by EEOC, and if not perhaps by a state or local ordinance. He also might have a claim under the ADA (Americans with Disabilities Act) based on his lymphoma. He should also watch any time limits, as he might have a 180 day time limit to file a claim from the date of the discrimination. Therefore, talking to a local attorney is really important.
Michael L. Spekter
QUESTION #3:
I was given your book by my oncology staff at my last chemo session in 2002. I read it all the way through thinking it might come in handy some day. I believe that day is here.
I have been employed at my present job since April 2001; more than one year pre-cancer. When I was hired, I was told that life insurance was part of the package; every employee eligible, paid by my employer. Fine. I had life insurance.
This year I had to fill out more papers for life insurance. The reason I was given for having to once again fill out these forms was that I had been part time and now was full time. Okay. Needless to say, my employer's insurance carrier turned me down.
My first instinct was okay, that is the way it is. Then I suddenly realized this was quite possibly my first bout with "cancer discrimination". I had become smug and really did not think this day would ever come!
How can they suddenly take away the insurance they once insisted I have? I don't buy the part-time/full-time story.
What can I do? I want to try and help myself and, in the process, help others who may encounter such treatment in the future.
We are not contagious nor a blight on society. We are survivors. We may have scars, but we live, breathe, and love like all others! I would greatly appreciate all the help you can give.
ANSWER:
Coming soon.
|
|
