A friend at work had a relative that went through similar cancer diagnosis/treatment as me. Their relative was 'let go' from their job so that they could 'concentrate on treatment and recovering'...

Please tell me there is a viable lawsuit in a case like this!

It sure sounds like it is firing them due to their medical condition. They should go to an attorney who specializes in unfair dismissals. Its up to them to provide proof of the reason they were let go. Sorry Im not familiar with legal terms.

WOW, Mike. That sure does sound like fuel for a lawsuit. For beginners, why don't you ask your friend to have his relative write a "Letter to the Editor," in their daily newspaper telling what happened and that way they'll get some exposure out there. In some cases, a person doesn't even have to sign their name when writing to a newspaper. They could also CALL the newspaper with a "human interest" story and explain to them they may be reluctant to give their name, or they may not care at all, since they've already been "let go" from their job. What do they have to lose now, they've alredy lost their job? TV stations also are interested in human interest stories, so they could call and talk to someone there. Maybe if the company gets some bad exposure about what they did, someone will offer help via attorney/lawsuit. The whole thing sucks and should be exposed.
julieann

I totally agree with Julieann. I would think that this would be a viable case but it will be hard to prove. I wouldn't think it would be impossible just hard. Think of the movie Philadelphia. The same thing happened in that movie. It was a long hard battle. I think that the media way might be a better a quicker route. Might even bring about a new job with a different company. I believe that all things happen for a reason. I lost a job and right before my second recurrence got a new job and it was soooo much better than the one I had and I was happier working there.

Mike

Tough call. Disability discrimination is always tough to prove as the employer usually claims that there was no "reasonable accomodation" that would let the employee perform the essential duties of the job which is a complete defense. Practically he needs to file a complaint with the state agency and EEOC.
Here's a good summary by EEOC of the legal rights
Q & A cancer
However, while this pamphlet sounds great, in real life the EEOC usually does not do anything which is why you have the right to demand a "right to sue letter" after they've sat on the case 180 days. However it is free to file a complaint and sometimes companies do settle when contacted. No attorney fees if your friend sticks with the EEOC. At this point, what does he have to lose?

Mike,

It depends on how much time she missed from work and laws vary by state. The Family Medical Leave Act will protect your job for 12 weeks. If your employer offers paid time off and you have more than 12 weeks, then they cannot fire you before you use up your paid time off. If you are at work, but not performing because of illness, then FMLA allows you to take up to 12 weeks off unpaid and protects your job during that time. If she has used up her sick time or FMLA, she may qualify for company disability benefits. Otherwise, she may qualify for Social Security disability benefits.

If she wasn�t given her 12 weeks or accrued sick leave, or if she was fired because cancer is expensive and her treatments will raise the employer�s group medical costs, then she has a legal case.

Your friend should talk to the company�s HR department. Maybe there is a paperwork problem. My husband who has nearly 2 years of sick leave was declared AWOL because his RO put two weeks beyond the last treatment as the day that he should be back at work. Tim is a professor. At that time he had no voice and was still getting IV fluids. Your friend's relative was perhaps too shaken by being sick and sent home to ask for an explanation and options. He needs to ask for these and get them in writing.

I wish them luck.

Mike

Well as you know, employers can and do fire cancer patients all the time despite the ADA and family leave act. Again, I recommend going to the free EEOC as if it is as simple as Slash posts, they are quite capable of actually taking action. I just never found it that clear cut or easy when I litigated civil rights cases. It's the complicated cases or where there is lack of proof that the EEOC falls down. In rereading my post, I was too negative about using the free state and federal option.
It does work for clear cut cases and besides you need to do it anyway before you can sue. There is a time clock of 90 or 180 days depending on your state so your friend needs to make up his/her mind.
Charm

As Slash says it does really depend on the state that you are in. Right to Work states can fire you for any reason...UNLESS the company has an "Employee Handbook" that details the companies disciplanary & termination protocols, then they have to follow their handbook policies to the "t". However most cases in Right to Work states only affect whether or not the terminated employee is eligible for Unemployment Insurance and still protect the employer from wrongful termination suits.

As Charm pointed out, these cases are tough to prove. As an manager/employer I made sure I boned up on State, Federal and my employee handbook so that I could terminate without the concerns of lawsuits, most companies that's exactly what the HR departments are for. CYA.

However, don't let that stop your friend from looking into what their rights are.

Eric

I didn't get fired but was put into retirement after the 6th shoulder surgery and 2nd elbow surgery. It can get tough to be out of a job. I wish you well. I was only 47 when this happened.

When I wasn't able to go back to work, I was told by an attorney here I had no case, because my surgery made it so I couldn't perform the essential functions of my job. So i hope that isn't the case for them, and they can go after them for letting them go!