What to do if I was terminated from my job after cancer treatment?
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What to do if I was terminated from my job after cancer treatment?
I worked for a company for 9.5 years. I was never late, stayed overnights in a hotel so that the company would be open. I achieved many awards and met the requirements of the job. I was diagnosed with cancer 2 years ago, had surgery, chemo, and was cleared to go back to work. In August of that year went back to get scanned and the scan pick up cancer again. I had surgery, radiation and chemo. I went back to work this January, was released by the doctor. Still had the fear of cancer coming back. I had a scan February, no cancer. I don’t know if my cancer is a disablity or was the firing due to me not working during the recovery periods.
Asked on July 6, 2016 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
IF you were fired simply for having cancer, that would be illegal: employees may not be fired for having illness or medical conditions. But if you missed work without having enough paid time off (PTO), such as sick days, to cover the absences, and/or were eligible for (and your company covered by) FMLA and used FMLA leave for the absences, you could be terminated for the absences--the law does not make employers keep employees who miss work without covering their absences by a combination of PTO and/or FMLA leave.
If you did not have uncovered absences and believe ou were fired for having cancer, speak to the federal EEOC or your state equal/civil rights agency about filing a complaint.
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