Unfortunately, cancer is a common affliction that impacts many individuals and families throughout California. The prognosis for cancer is generally hopeful if it’s discovered soon enough and the right treatments are provided by experienced doctors. But for those who receive a cancer diagnosis too late, it may be a death sentence that leaves them with only months to settle their affairs.
The prospect of how to live with cancer on a day to day basis can be overwhelming enough on its own. But you may also end up with unexpected problems, like discrimination, retaliation, wrongful termination, and other illegal treatment by your employer.
As someone who was subjected to adverse treatment based on a cancer diagnosis, you have the right to fight back and demand justice for the harm you suffered. A cancer discrimination lawyer in Los Angeles can educate you on your rights and the legal actions you can take against your employer. If you were fired, denied reasonable accommodations, or subjected to other unlawful conduct because you have cancer, contact our office to schedule a free case review.
How Your Job can be Affected by a Cancer Diagnosis
As you are no doubt aware, cancer can be incredibly taxing on your body and mind, as you will need to undergo various treatments, testing, and appointments with multiple doctors. In between treatments, you will need time to rest and recover, and all this requires time off from your job. For some people, they may need a few hours off here and there, while others require extended leave for several months. Cancer patients may also need workplace accommodations, like working from home and having a flexible schedule.
Workplaces must follow state and federal laws that exist to protect workers from adverse treatment when they have a physical or mental illness. Sadly, some workers are met with ignorance, resentment, and a lack of empathy by their supervisors and coworkers. For example, a supervisor may assume that you are unable to perform your job duties in a sufficient manner and suggest that you take on a lower position. Or, you may find that your colleagues resent the fact that you are given accommodations, like working remotely or not doing certain tasks that are considered essential to your job duties.
Your employer has a legal duty to prevent adverse treatment based on protected characteristics, like having a disability or another serious medical condition. Thus, you have the right to fair and equal treatment in the workplace, along with reasonable accommodations to do your job. If you experienced cancer discrimination by your employer, such as wrongful termination, contact our law firm and seek legal advice from an employment rights attorney.
Laws that Prevent Cancer Discrimination
It’s important to understand the laws that protect you from discriminatory behavior at your workplace when you are diagnosed with breast cancer, colon cancer, Hodgkin lymphoma, or any other type of cancer. The laws in California make it illegal to treat workers unfairly based on a medical condition, like cancer or a disability. Cancer patients are also protected by the federal government’s
Americans with Disabilities Act (ADA).
The ADA and California labor laws give you the right to seek accommodations that do not place undue hardship on your employer. For example, you may ask to work a different shift, work part or full time from home, or reassignment to a different position.
Additionally, employees with cancer may be eligible for unpaid, extended leave under the Family and Medical Leave Act and the California Family Rights Act. This is job protected leave, so your employer cannot fire you for asking to take leave, and they must reinstate you to the same or comparable position once you come back from medical leave. If you were denied FLMA or CFRA leave, or you were terminated after returning to work from job protected leave, you may have grounds to file a job cancer discrimination lawsuit against your employer.
Pursuing an Employment Rights Violation Claim
If your employer broke the law, make sure to contact a Los Angeles attorney that specializes in wrongful termination and other acts of discrimination and retaliation. We know that the idea of taking legal action against your employer is a scary thought, and a lawsuit is not right for everyone. However, if your rights were infringed, you have the right to seek compensation for monetary losses and the psychological damage caused by the treatment you received. Legal advice is essential to making an informed decision on how to move forward. With that in mind, please give us a call to speak with a member of our legal team.
Your Right to Financial Compensation
Financial restitution may be available to you as someone who was discriminated against by your employer after you were diagnosed with cancer. The amount of compensation you are entitled to depend on many details that we must go over with you in person. For now, let’s take a look at the damages you can potentially receive from a successful cancer discrimination in the workplace claim.
- Lost wages: this is compensation for the loss of your salary / hourly wages, which may include back pay and front pay.
- Lost benefits: compensation for work benefits that you lose because of adverse employment actions, like termination and demotion. These include job-related benefits, like health insurance, retirement contribution, and stock options.
- Non-economic damages: this category includes payment for damages, such as pain and suffering and emotional distress, which cannot be quantified by direct monetary losses
- Punitive damages: compensation that is awarded by a jury if the actions by your employer meet the standard of gross negligence / misconduct (applicable only in cases that are tried in court)
Contact a Workplace Discrimination Attorney
Acts like wrongful termination happen more often than most people realize, and many of these cases are due to someone getting sick and being diagnosed with cancer and other serious medical conditions. This is illegal under both California and federal laws, and you as the victim have the right to take legal action against your employer.
The first step is to meet with us for a free consultation, where you can learn more about the legal process of suing for employment discrimination. If you decided to go ahead with a claim, we will handle your case for $0 upfront, under an agreement known as the Zero Fee Guarantee. We represent you on contingency and wait till your settlement in recovered in order to deduct legal fees. If we don’t bring you compensation from a successful claim, you pay $0 and we eat the costs associated with your case.
It’s really that easy, so please take a moment to contact us and learn more about the ways we can assist you here at California Labor Law Employment Attorneys Group.
