I have been on vacation for the past week, so this is the first chance I have had to chime in on this. Remember, no longer practice law, but litigated quite a few "wrongful termination" claims when that whole area of law got started.

I know you left of your own volition, but here are some things to keep in mind:

1. Absent a written contract which limits the right to terminate to termination for cause, or (in many states) a contract for employment for a specific length of time, an employer may terminate an employee with or without cause, so long as it is not for a prohibited reason (i.e. based on race, gender, national origin, retaliation for protected activity, etc.)

2. While it is, to a certain extent, dependent upon the facts of each situation, cancer (and its treatment) does represent a disability under the Americans With Disabilities Act, requiring the employer to make reasonable accommodations in employment, and limiting the right to terminate.

Item 2 is why your employer wanted you to sign termination papers -- thereby making it a voluntary termination and not subject to ADA or other things. However, even asking you to do that could arguably represent a violation of the ADA.

I know you don't want to pursue it for diplomatic reasons, and theat is fine, but thought this might be useful for others. The "just cause" requirement is largely a myth in most states and for most employment types. However, for those with cancer, the ADA can be a powerful ally.


Jeff
SCC Right BOT Dx 3/28/2007
T2N2a M0G1,Stage IVa
Bilateral Neck Dissection 4/11/2007
39 x IMRT, 8 x Cisplatin Ended 7/11/07
Complete response to treatment so far!!