Workplace discrimination is an extremely problematic ordeal to suffer through. Victims are often left distraught and unsure of how to best proceed, especially if they suffer discrimination for being disabled. Many people may not consider cancer to be a disability, and as such, they may not know that they can sue for compensation due to disability discrimination for having cancer. Our law firm, the California Labor Law Employment Attorneys Group, has a team of cancer discrimination attorneys prepared to help you, no matter what kind of discrimination you suffered or what kind of cancer you were afflicted with, whether it is breast cancer, leukemia, melanoma (skin cancer), colon cancer, bladder cancer, brain tumors, cervical cancer, testicular cancer, ovarian cancer, liver cancer, or lung cancer. Call us today for more assistance.
Legal Protection for Cancer Patients
Cancer is considered a disability under the Americans with Disabilities Act of 1990. It is a condition that prevents you from completing many basic life duties and responsibilities and alters your ability to fulfill your job or fully participate in your career. Those who have suffered discrimination should be aware that it is illegal under Federal law, and you may be able to sue for proper compensation.
We have seen patients with many types of cancer suffer discrimination; some of the forms include breast cancer, leukemia, melanoma (skin cancer), colon cancer, bladder cancer, brain tumors, cervical cancer, Colorectal cancer, and Gallbladder cancer.
Cancer Discrimination in the Workplace
There are various ways that you can suffer cancer discrimination at the workplace. The wrongful termination of a cancer patient who is undergoing cancer treatment is one; your boss may not violate medical leave and terminate an employee who is utilizing his rightful absence. Further, you may not be denied reasonable accommodations if you are sick and disabled. Accommodations can include:
- Modified job duties
- Reduced or changed hours
- Light lifting and travel
- Seating and additional rest or breaks
- Change of job position or responsibilities
- Assistive equipment
- Disability leave
- Medical leave
You may also simply be mistreated at work by employers or by your boss. You could be the butt of jokes, receive insults, be denied certain bonuses or payments because of your sickness, be prevented from earning wages, and much more.
We recommend hiring a lawyer in Modesto to sue an employer for discrimination against cancer patients. You should not be subjected to such treatment at work, and we will be glad to help you.
Some of the different forms of cancer that have birthed discrimination include Colorectal cancer, Gallbladder cancer, testicular cancer, ovarian cancer, Hodgkin lymphoma, liver cancer, lung cancer, pancreas cancer, pancreatic tumors, prostate cancer, and rectal cancer.
What You Need to Sue Your Employer
To sue your employer for cancer discrimination, you must have ample evidence to prove that you were mistreated and targeted. The most damning evidence would be an admission from your employer that he was acting illegally or that he was specifically firing you or discriminating against you because of your sickness, but this is obviously extremely hard to acquire; most employers will mask their true intentions as best they can to not make it appear like they are discriminating. You should have the following as evidence:
- A journal detailing the discrimination as it happened, complete with dates, individuals involved, actions taken, and more
- Proof of reduced hours, changed shifts, and more
- Statements and testimonies from coworkers explaining that you were not given reasonable accommodations, that you were wrongfully terminated, or that there was a history of such discrimination at your company
- Photos, videos, surveillance footage, recordings, and other hard evidence displaying the discrimination
- Print-outs of emails and messages from your boss or from HR acknowledging the discrimination or if there was any discrimination present in the messages and discussions themselves
- A copy of a contract if you signed one at the start of your employment
It is important that you go to Human Resources first to try and solve the issue of discrimination. You may be able to have it cleared up quickly; regardless, it is important that you keep a record of these emails and a copy of the receipt of your complaint if you have one. As long as HR or your boss knows about the discrimination, you can acquire proof that there was awareness (and possibly that it was condoned or ignored).
It is also highly recommended that you take all your evidence and approach a cancer wrongful termination attorney in Modesto. You may be abruptly fired, not be able to collect necessary, or lack the ability to get expert witnesses for your claim. Our law firm can ensure that you have the most sufficient evidence and that your claim is properly organized and clear. We will gladly litigate your claim from start to finish.
Cancer Discrimination Lawsuit Restitution
Individuals who have been unfairly targeted by their employers and discriminated against for their cancer sicknesses can collect ample restitution for the mistreatment. You should not be discriminated against in the workplace for any reason, and employers who target the sick should be liable for all losses and expenses. Our team of expert lawyers can make sure that you receive compensation for your damages, including:
- Missed income from the past if you were prevented from earning your paychecks, additional commissions and tips, and bonuses
- Future missed income if you are not employed or if you have trouble finding a new job
- Payment for benefits you missed or overpaid
- Medical coverage if you had health insurance through your employer and you were suddenly wrongfully terminated
- Punitive damages for gross negligence or extreme discrimination, but they are difficult to win and are only secured if you have a qualified Modesto cancer discrimination lawyer on your side
- Pain and suffering damages for emotional trauma, psychological scarring, mental anxiety, and more
- Reinstatement of your old job at your company, but this is not always chosen due to the possibility of continued mistreatment and discrimination
You should reach out to a skilled lawyer with experience in cancer discrimination cases to ensure that you get the maximum value for your lawsuit. It is unfair for you to be responsible for expenses that you should not have been charged if it weren’t for the mistreatment from your employer.
Time Limit on Suing Your Employer for Cancer Discrimination
According to the Department of Fair Employment and Housing (DFEH), you must alert them to the discrimination you suffered at your workplace within 300 days of the incident or not be able to sue. However, because discrimination can occur consistently and in many forms, it is not likely that you will miss a deadline. When you alert the DFEH to the discrimination, they will investigate and determine if you have ample grounds to sue.
If they uphold your claim, you will receive a dated letter signifying your right to sue. The date on this letter indicates the time from which you have one year to take legal action. If you do not sue your employer within that year, you will be barred from pursuing any compensation at all.
The statute of limitations is in place to ensure that cases are swiftly handled and do not sit around without any resolution. If a claim takes years to come to light, there is a high chance that a lot of key evidence will be lost in the meantime. There is a chance that the statute of limitations will be extended regardless, though, if your situation allows it. If you were left physically or mentally incapacitated from your sickness and could not file a claim, the time limit would be temporarily extended; it would also be lengthened if the defendant vacated the state and did not return for some time.
The statute of limitations is shortened, though, if you are filing a claim against a government entity. The time limit decreases to 45 days if you plan on suing a municipality, which can greatly confuse victims. It is highly recommended that you reach out to a cancer discrimination attorney in Modesto if you want to determine the completely accurate timeframe for your case and when your documents need to be filed. We will gladly handle your lawsuit for you.
Cancer Discrimination Lawyer
The California Labor Law Employment Attorneys Group has handled cancer discrimination lawsuits for years. We know the best methods to winning your case and will not give up until we are satisfied with the results of your settlement. We will go to court if necessary to aggressively fight for your rights as an employee and we will work around the clock to ensure that you are protected.
A cancer discrimination lawyer can give you a free legal consultation if you call our offices. We will gladly look over your case and tell you what we believe it is worth. We can also answer all of your questions for you. If you wish to hire us to represent you, you will receive our zero fee guarantee, which promises that you won’t have to pay a single dime out of pocket for our services. If we lose your case, you won’t owe us anything, and if we win, the fees will be covered by the settlement we bring you.
Don’t let your employer get away with discriminating against you based on your cancer sickness. Call the California Labor Law Employment Attorneys Group today for more help.