Have you been diagnosed with asbestosis or mesothelioma, two conditions that can happen from exposure to asbestos? Upon finding out about your condition, you likely had thoughts about how your illness will affect your job. Out of transparency and respect, you told your employer about the diagnosis, expecting that they would express support and help you keep your job as long as possible. After all, you have been cleared by your doctor to continue working, though you will need some modifications in your schedule and other reasonable accommodations.
Unfortunately, your employer is clearly displeased when you tell them about your medical issues. Or, they may pretend to be supportive, but soon enough, you start to experience unequal treatment and outright violations of your rights as a disabled employee. When you complain about these problems to your supervisor or Human Resources, you are terminated from your job or punished in some other way.
This is a common example of wrongful termination after someone tells their employer about a serious illness, like mesothelioma and asbestosis. Do you suspect that your diagnosis is the main or sole reason for why you lost your job? Depending on the circumstances, you may have the right to file a wrongful termination complaint or lawsuit against your employer.
To hold your employer accountable, contact the mesothelioma and asbestosis unlawful termination lawyers at our office. Immediate legal advice is crucial for those who are dealing with disability discrimination, whether you were recently fired or still work for the same employer. Just reach out to us at your earliest convenience and schedule a free case review.
What is Mesothelioma?
Mesothelioma is a rare cancer that is primarily caused by exposure to asbestos, a mineral fiber that can cause severe health issues when it’s crumbling or fraying. This causes the fibers to float around in the air, where it can be easily ingested or inhaled.
Mesothelioma is an aggressive form of cancer that develops in the protective lining over your internal organs, known as the mesothelium. There are several types of mesothelioma, such as pleural mesothelioma, which develops in the lungs. If the cancer affects your abdominal liming, you would be diagnosed with peritoneal mesothelioma. Other forms of the disease include pericardial mesothelioma and testicular mesothelioma.
Symptoms of mesothelioma can vary depending on the location of cancer. If, for example, you have pleural mesothelioma, your symptoms are likely to include a persistent cough, along with shortness of breath and chest pain.
While there is no cure for mesothelioma, early detection and consistent treatment can help you manage the symptoms and improve your quality of life. Some available treatment options are chemotherapy, radiation therapy, immunotherapy, and surgery.
What is Asbestosis?
Asbestosis is another disease that can happen when there is prolonged exposure to asbestos fibers. This is a chronic lung disease that causes shortness of breath and scarring of the tissues. Symptoms can be mild, moderate, or severe, and normally, they do not appear until 10 to 40 years after the initial incident of exposure.
Those who are suffering from asbestosis will have some or all of these symptoms:
- Shortness of breath
- Chest pain or tightness
- Dry, crackling sounds from your lungs when you inhale
- A dry cough that won’t go away
- Toes and fingertips with a clubbed appearance (flatter and rounder than normal)
Your risk for developing asbestosis depends on the duration and amount of exposure, so the greater your exposure to asbestos, the greater your chance of damage to your lungs. Asbestosis increases your risk for lung cancer, particularly if you have a history of smoking. In rare instances, asbestosis can result in mesothelioma, a cancer of the protective tissue around the lungs.
Can I be Fired if I have Mesothelioma or Asbestosis?
For the most part, it is illegal to fire someone on the basis of a medical condition, whether it’s physical or psychological in nature. However, there are situations where someone’s health issue poses a threat to the workplace, either to themselves or other employees. So, if there are serious safety concerns due to an employee’s injury / illness and associated complications, a termination may not be illegal.
For example, let’s say you work in a place with heavy and dangerous machinery. Your health declines to the point where you may experience loss of consciousness, and this can lead to an accident where you and others are injured. On the other hand, if you work in an office environment, the risk of harm is much lower, so your employer will have a harder time justifying a termination after you are diagnosed with asbestosis or mesothelioma.
Was I Wrongfully Terminated?
Upon being told that your services are no longer needed, you are likely to ask yourself if your termination was legal. To answer this question, we must determine the cause of why you were let go from your job, which may be different than what your employer is telling you. Many employees with serious health issues are told that their job performance had fallen below acceptable standards, or the company is restructuring and their position has been eliminated.
In reality, the employer simply does not want to deal with a worker who is sick and needs certain accommodations. For instance, the worker may need additional breaks during the day or flexibility in their schedule to attend hospital appointments. If they need more aggressive treatments, they may ask for extended leave that they are entitled to under the Family and Medical Leave Act or the California Family Rights Act. The employer does not want to provide reasonable changes and modification, nor do they want to hold a job open for the employee, though they are legally required to do so.
Do you believe that your termination was based on discrimination after your employer found out you had asbestosis or mesothelioma? Do you suspect that your employer fired you as retaliation after you asked for job-protected medical leave or modifications to your work duties or environment? It’s worth it to contact a wrongful termination lawyer if you have these questions on your mind. That’s why we invite you to contact California Labor Law Employment Attorneys Group to learn about your rights and legal options.
What can I Do if I was Illegally Terminated?
Getting the ax from your boss can leave you feeling scared and disoriented, and as a result, taking legal action may not be your first priority. We understand that taking care of your health is the primary concern when you have a chronic, potentially fatal disease. But many people who are wrongfully terminated find that it’s important to speak up and demand justice for what they endured. That way, you set an example to corrupt employers and protect others from going through the same experience.
So, what legal options do you have after a termination that has to do with discrimination and other unlawful practices? The first step is to file a complaint with the applicable labor agency, which may be at the federal or state level. Consider the following actions:
- File a claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of when your rights were violated by the employer
- File a complaint with the State of California’s Civil Rights Department (CRD) within 1 year if you have proof that your employer violated one or more anti-discrimination laws.
Depending on how either agency responds to your complaint, you may have the right to file a lawsuit through the court system. Your eligibility for a wrongful termination lawsuit is based on whether the EEOC or CRD gives you a Right to Sue notice. From the date of when the notice is issued by the EEOC, you have 90 days to file a lawsuit. If you receive permission to sue from the CRD, the statute of limitations to file a lawsuit is 1 year from the date of notice.
Contact Our Law Firm
Our legal experts are ready to hear your story and guide you through the legal system, step by step. Taking legal action against a current or former employer is a difficult and complicated process, and this is why legal representation is highly recommended if you were fired after telling your boss that you have mesothelioma or asbestosis.
Since finances are a big source of stress after losing a job, it would never occur to us to charge you for the cost of legal services. You pay $0 under the Zero Fee Guarantee, since we don’t believe in getting paid until you receive compensation from a successful employment claim. If we do not win your case, you pay $0 in legal fees.
If you are ready to discuss your experience with a mesothelioma and asbestosis wrongful termination lawyer, please get in touch with us and schedule a free consultation.
