Can my employer fire me because I need time off to treat cancer?
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Can my employer fire me because I need time off to treat cancer?
My employer fired me after I requested time off to treat cancer. I have only been with the company for 4 months when I was diagnossed and did not qualify for FMLA. When I requested a leave of absence to have surgery and chemo they told me that they would give me 1 week off. If I did not return after a week they would let me go. I was not able to return after a week and was fired while I was still in the hospital. It feels wrong how I was discharged but I want to know if I have a case legally speaking?
Asked on January 27, 2011 under Employment Labor Law, Arizona
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Every state has laws concerning the protection of certain classes of people. Every state also has laws concerning whether you are considered an at will employee, and if you can be fired with or without cause. The problem you have is you were only employed by this company for four months, so you didn't qualify for FMLA (because you have to be employed for at least one year and your employer has to qualify by its size of its employees). Even if the entity truly fired you because of your cancer and required cancer treatment, it would be hard to prove. If you have anything in writing showing you were only given one week, it may help prove they discriminated against you but whether the discrimination has to do with a covered item (say like being fired for being pregnant), you would need to talk to a labor lawyer about it. Talk to counsel, because it will at least help you decide that aside from unemployment, what you can do to help and protect yourself.
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