Many cancer victims have worked long and hard for their employers. They are dedicated employees who have made sacrifices over the years to keep in good standing with their employers. You may very well be one of them. Have you postponed vacations, or regular medical and dental checkups, due to work? Have you made apologies when you were unable to attend family and social functions due to work? Were you later diagnosed with cancer only to discover that your past hard work and sacrifices mean nothing to your employer now? Are you facing the reality that your employer would rather not have you, a cancer victim, on the payroll? Have you been fired?
Working After a Cancer DiagnosisSome people stop working after a cancer diagnosis and only return after they have completed treatment. Others will never return to the workforce. However, for many people, being diagnosed with cancer does not necessarily mean you will stop working. How cancer affects a person’s ability to work will vary. Persons with greater financial resources may be less likely to continue working during and after cancer treatment. Younger persons may be more likely to work during and after cancer treatment than older persons. Even if do you continue working during and after cancer treatment, you will probably need significant time off from work for treatment, medical appointments, and for rest and recuperation.
Cancer Victims and Workplace DiscriminationMost people would agree that employers should treat their employees with cancer in a respectful, thoughtful, sensitive, sensible, and morally decent manner. Many people know from experience that employers don’t always live up to that standard. If you work during cancer treatment or return to work after cancer treatment, you may face workplace discrimination. Employees with cancer are sometimes fired from their jobs. In fact, employees with cancer are sometimes fired from their jobs because they have cancer. Employers, however, will rarely say up front that they are firing you because you have cancer. The reason behind this is that firing an employee because he or she has cancer is generally unlawful. Under the California Fair Employment and Housing Act (FEHA) [California Government Code sections 12900 – 12996], it is unlawful for an employer to terminate or other discriminate against an employee because of the employee's medical condition (cancer).
Cancer Victims and Wrongful TerminationInstead of saying that you are being fired for having cancer, your employer will conjure up a sham reason for firing you—a reason, which, if taken at face value, offers a lawful reason for firing you. A reason that in truth is a lie. After you are fired, you may feel angry, disillusioned, sad, or depressed. You may want to bring a claim for wrongful termination against your former employer. The difficulty in succeeding on a claim for wrongful termination is proving that the reason given for firing you is a sham reason and the real reason you were fired is because you are a cancer survivor. That is when you should contact an experienced employment attorney like the experienced employment attorneys at Kokozian Law Firm, APC. Experienced employment attorneys have the skills necessary to prevail on a wrongful termination claim.
Below are five common sham reasons employers use when firing a cancer victim.
Too much time off from work
Your employer may be unsympathetic and make things difficult when you request time off for medical appointments, treatment, or surgery. Your employer may say things like “we need you here,” or “we have a business to run.” Your employer may claim that you are not giving enough notice before you take time off from work. Your employer may claim that you are violating its attendance policy and rack up attendance points against you. Your employer may insist that you provide a doctor’s note each time you are absent while being more lenient with other employees. Obstacles to your continued employment keep piling up for no good reason. Bottom line: you are being treated differently because you are a cancer survivor. Your employer then terminates your employment. Your employer says you were taking too much time off from work and have repeatedly violated the company’s attendance policy. This makes no sense. Your absences were because you were diagnosed with cancer. You complied with your employer’s policies the best you could. Your employer has likely given a sham reason for your termination. A sham reason to cover up the fact that your employer feels inconvenienced by your cancer diagnosis and would rather have someone around who doesn’t need time off from work because of cancer.
Poor work performance
Before your cancer diagnosis, your employer was happy with your work performance. You received satisfactory (or perhaps even stellar) performance views. After your cancer diagnosis, perhaps you aren’t quite as lively. Otherwise, though, you are the same valued employee doing the same quality work as before. You sense that your employer doesn’t see it that way. Your employer begins micromanaging your work, or complaining and grumbling about your work performance, appearance, or attitude (or all three). The next thing you know you are being written up and then you are fired. The stated reason is poor work performance. A sham reason to cover up the fact that you are being fired because you, as a cancer victim, is a perceived as liability.
Unable to accommodate
FEHA requires employers to provide you reasonable accommodations if your cancer diagnosis prevents you from performing essential functions of your job. A reasonable accommodation could involve providing you with an ergonomic workstation, allowing for additional or more frequent breaks, modifying your work schedule, or giving you time off from work to rest and recuperate or attend medical appointments. Generally, a reasonable accommodation must be provided unless the employer can show that the accommodation would be an undue hardship (involving great expense or difficulty). Perhaps your employer feels inconvenienced by your cancer diagnosis and would rather have someone around whom they can depend on to be productive and healthy and who doesn’t need time off from work for medical appointments. An easy out for your employer is to say that the accommodation you need to continue working is an undue hardship, a readymade sham reason to fire you. Of course, some accommodations do create an undue hardship for employers. More often, though, it’s a sham reason to get rid of you.
Lay offSay there are 50 employees in your department. Your employer announces that 10 of the employees in your department are going to be laid off as part of a downsizing or business restructuring. You, a cancer survivor who has taken time off from work and requested reasonable accommodations, is laid off. Your employer claims you were selected for termination based on objective criteria. That may be true. Or this may be a sham reason to hide the fact that were fired because you are a cancer victim.
Take time to take care of yourself (Take care of your health)Your employer may be legitimately concerned about your health following your cancer diagnosis. Such an employer will work with you to ensure that you can take the time off you need while enabling you to keep your job. Then again, your employer may be concerned that your situation as a cancer survivor is going to affect its bottom line. Your employer says you are being let go so you can have time to take care of yourself. A sham reason, to hide the fact that you are being fired because you are a cancer victim.
Contact UsDid your employer terminate your employment after you were diagnosed with cancer? Did your employer demote you after you were diagnosed with cancer? Did your employer otherwise discriminate against you because you are cancer survivor or have a history of cancer? If you experienced discrimination in the workplace because you are a cancer survivor, call the experienced and caring employment attorneys at Kokozian Law Firm, APC or Contact Us via ouronline form. We advance all costs. No recovery, no fee.