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Wrongful Termination

Mike C. on March 9, 2018

Career Management, Workplace Politics

I was diagnosed with Leukemia late in September of 2017. I went on FMLA and my job was protected for 12 weeks. After 12 weeks, my employer provided me with a reasonable accommodations questionnaire. My doctor replied to the questionnaire and indicated that there is no reasonable accommodation that my employer could make that would allow me to return to work at this time. My return to work was estimated at a year's time as I am scheduled to go through a stem cell transplant. As a result, my employer advised me that since there is no reasonable accommodation that would allow them to hold my position open any longer, they were terminating my employment with the company. My long term disability benefits continue to be in effect until I am cleared to return to working. Any case for wrongful termination here?



3 Comments

Image of Nicole Franklin, MPH

Nicole Franklin, MPH

Mar 16, 2018

Cancer and Careers Staff Comment:

Hi Mike,


Thanks for writing to us.  I’m sorry to hear you’re having such a challenging situation at work, while also dealing with your diagnosis and ongoing treatment.  Cancer and Careers can’t provide legal advice, so our immediate recommendation would be to reach out to a legal organization to discuss all the specifics of your situation and determine a course of action.  A good place to start is the National Cancer Legal Services Network – which provides listings of pro-bono legal services by state.  You can find more information at http://www.nclsn.org/. 


More information can be found at http://www.nclsn.org/. You might also want to check out http://apps.americanbar.org/legalservices/lris/directory and www.lawhelp.org


The following resources might be useful as well:



  • Your Legal Rights in the Workplace: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Cancer-and-the-ADA-FMLA



  • Finding Legal Assistance: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Finding-Legal-Assistance

  • Top Three Legal Questions about Employment: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/top-three-legal-questions


I hope this is helpful. You can also reach us at cancerandcareers@cew.org or 646-929-8032 if you have any additional questions.


Kind regards,


Nicole Franklin, MPH


Manager of Programs


Cancer and Cancers


Image of Baoyi H.

Baoyi H.

Oct 5, 2018

Mike, Thank you for asking the question which is similar to what I am facing now.
Nicole, Thanks for the resourceful information.


Image of Nicole Franklin, MPH

Nicole Franklin, MPH

Oct 5, 2018

Cancer and Careers Staff Comment:

Hi Baoyi- I'm glad the information was helpful! Feel free to reach us at cancerandcareers@cew.org or 646-929-8032 if you have any additional questions.


 


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