Were you fired from your job after telling your boss that you were diagnosed with cancer? Alternatively, maybe you are afraid to tell your employer that you have cancer because of the possibility that you will be fired. Do employers in California have the right to fire someone on the basis of cancer of any other disease? Is termination for a medical condition allowed, or can you take legal action against your employer for breaking the law?
As someone who was fired after disclosing your cancer diagnosis, you may have grounds to file a wrongful termination claim or lawsuit. It’s an unfortunate reality, but many workers find that they are treated differently as soon as they become seriously ill or need to recover from an injury. Quite often, those with cancer are subjected to harassment and other acts of mistreatment that eventually result in termination. The key is to prove that your medical condition is the sole or main basis for termination, which can be difficult to accomplish on your own.
The employment lawyers of California Labor Law Employment Attorneys Group are ready to guide you through the legal system and obtain the compensation you deserve by law. Our law firm has a long and proud tradition of representing mistreated workers in the state of California. A wrongful termination is a devastating blow to anyone, no matter how they make a living. Our mission is to protect your rights and ensure that justice is served if you suffered cancer discrimination at your workplace. Please contact our law firm as soon as possible and talk to our attorneys during a free case evaluation.
How Cancer Affects Your Employment
No one looks forward to telling their employer about an illness, especially one that is serious enough to require long-term medical care and significant time off from work. Cancer patients worry about the employer automatically assuming that they cannot perform their job duties effectively. This may be true depending on what you do for a living and the severity of your symptoms. Those struggling with late-stage cancer, for example, may need to give up working altogether. However, most employees with cancer can perform their jobs adequately, though accommodations may be needed, like flexibility with their work schedule.
At the end of the day, most people have to make ends meet for themselves and their families. Sadly, we have seen many cases of employers that try to get around the laws and fire the worker for having health conditions like cancer. While termination is the most obvious form of cancer discrimination, employers are prohibited from making any adverse employment decision based on a physical or mental disability. However, it’s not uncommon for employers to demote or suspend someone with cancer, take away certain work privileges, and deny opportunities for advancement. Such behavior is particularly common if the employee starts to ask for reasonable accommodations, like time during the week to go for cancer treatments.
Employers can also retaliate when a worker with cancer asks for long-term medical leave that they are entitled to under the California Family Rights Act or the Family and Medical Leave Act. Some people will come back from leave, only to find that they no longer have a job. Or, you may find that your work is scrutinized and criticized much more than that of your coworkers, or a pay raise you had been promised is suddenly no longer available.
As you can see, termination based on cancer is just one form of unlawful treatment in the workplace. For more information on your employment rights and what you can do as a victim of discrimination, please speak with a member of our legal team.
Legal Protections for Employees with Cancer
What are the laws that have to do with abusive practices by employers? If you have cancer and your employer has taken away your job, what are the legal protections that can help you? Employees with special medical needs should familiarize themselves with these employment laws:
- The Americans with Disabilities Act
- The Fair Employment and Housing Act
- The Family and Medical Leave Act
- The California Family Rights Act
We can provide you with a detailed explanation of these laws and how they protect you from illegal termination and other discriminatory conduct by your employer. Understanding your rights is the first step to taking back control after a wrongful termination and holding your employer accountable.
Demoted by My Employer After Being Diagnosed with Cancer
Employers are prohibited by law from using someone’s medical condition as a basis for demotion, i.e., reducing an employee’s position or rank. This is a form of discrimination under the California Fair Employment and Housing Act (FEHA). Aside from demotions, here are some other employment decisions that constitute discrimination against an employee with cancer:
- Transferring the employee to a less desirable location
- Changing the employee’s shift / work hours
- Allowing harassment and bullying of the worker by their colleagues
- Micromanaging the employee and holding them to higher standards than everyone else
- Telling the worker they do not qualify for raises, bonuses, and other opportunities
How Much Do I Need to Tell My Employer?
Your medical needs and treatments are private information as a general rule, so you are not required to tell your employer that you have cancer. However, you will most likely need time off from work at some point, along with other accommodations if your symptoms get worse. To justify these accommodations, you will need to tell your employer what’s going on, and this is what can lead to unlawful treatment that culminates in termination.
Please note that your employer must (within reason) accommodate your need for cancer treatments once they are notified of your condition. Treatments for cancer patients may include:
- Chemotherapy
- Radiation
- Surgery
- Bone marrow transplant
- Targeted drug therapy
- Stem cell transplant
- Immunotherapy
- Cryoablation
- Hormone therapy
- Radiofrequency ablation
- Hyperthermia
- Photodynamic therapy
Legal Action against Your Employer
In this section, we will talk about what legal options you have as someone that was wrongfully terminated. Essentially, you have lost a job through illegal circumstances and suffered financially, physically, and mentally because of discrimination by your employer. A wrongful termination should not be tolerated, and as a victim, you have the right to take the following actions:
- File an employment rights violation claim with the federal government’s Equal Employment Opportunity Commission (EEOC)
- File a discrimination / retaliation complaint with the California Civil Rights Department (CRD)
- File a wrongful termination lawsuit based on cancer discrimination by your employer
Filing an employment agency claim is the first step in demanding justice for unlawful treatment from your employer. A lawyer can help you decide whether to file a complaint with the EEOC or CRD and ensure that you have compelling evidence to support your allegations. The receiving agency will conduct an investigation and possibly take action against the employer. Alternatively, they will recommend that you sue your employer by sending a Right to Sue notice. Until you get this letter, you cannot file a wrongful termination lawsuit for lost wages, pain and suffering, and other monetary damages.
There is much more to know about wrongful termination claims if you lost your job after a cancer diagnosis. Please give us a call and talk to a lawyer that specializes in cancer discrimination lawsuits.
We are Ready to Help, 24/7
Cancer does not have to be a death sentence, but there’s no doubt that many areas of your life will be affected by the disease, and that includes your employment and career prospects. Employees in California have rights that protect them discrimination against a medical condition. We are here to help you exercise those rights, including the right to compensation for monetary losses and emotional distress.
Our commitment to the fight against employment discrimination includes the Zero Fee Guarantee, where all legal fees are paid at the end of your case. Once the money owed to you is released by the other party, we obtain a percentage to cover all legal expenses. If we do not secure payment in the form of a settlement or jury verdict, you owe us $0 and walk away without any impact on your finances.
If you ready to discuss what can be done after an unlawful termination, please schedule a free case review by contacting our office.
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