hello. my name is Katherine, and im 56. I was recently diagnosed with ovarian cancer, and, as a result, I have been let go from my secretarial position at a large business firm. is that legal? my employer thinks Im going to die and doesn't want to pay me anymore, I suppose. the cancer won't affect my productivity, and I need a job to help pay for treatment. please, help.

How large is the company that you work for? If they employee more than 50 employees then they are obligated under the FMLA laws. You need to have worked for at least 12 months to qualify under FMLA - if you have then you have rights! FMLA - Family Medical Leave Act allows you for time off either consectively or intermiddently to care for yourself or for the care of an immediate family member. FMLA provides for up to 12 weeks of unpaid time off to take care of these situations. Provide me some more details and I can provide some insight into this situation. I'm a Human Resources professional. Thanks.

I am new to this board and saw a post about someone being fired. This person needs to find good, not just any lawyer familiar with the ADA. Cancer is a disbility, and being fired for having a disability is a civil rights violation. A good lawyer can get a large settlement out of this. I got a years pay from the state of South Carolina for firing me for going through the same thing.

hello, I too am new to the board, but saw that you were from South Carolina and I was wondering what part. I too live in South Carolina, Myrtle Beach.

I live near Columbia, in Chapin. Odd coincidence, my ENT doctor who treated my cancer recently moved to Conway, probably near you. If you ever need a real good mouth/throat/nose specialist he is the best. He spent nine hours getting rid of my cancer (tonsil).

I too have just been let go from my company - my time on FMLA has expired (12 weeks)  In California, an "at will" state, without the luxury of a contract I don't seem to have any recourse.  I've been told that if within one year I am able to return to work, I can check to see if there are open positions.  I held a position of senior manager in a manufacturing company.

I've since begun the process of applying for permanent disability, determined to be appropriate by my doc, but this can take up to 18 months and if approved will result in an income equal to 1/4 of what I'm accustomed to making - not even enough to meet the mortgage. 

Good luck to you.

Katherine:

I am also an HR Administration PLUS a breast cancer survivor.  You may not qualify for FMLA but you sure as heck have a disability that may protect you from losing your job.  Call an attorney if you haven't done so.

I started a new full time job the same day I started my seven weeks of radiation.  Never missed work nor did I miss deadlines but I did miss a day of work because my 19 year old daughter was having surgery to have her cancerous thyroid removed (yes, we were diagnosed with cancer within two months of each other) and my boss called me in her office to tell me I had "too many personal issues".  I don't lose my temper too often but I saw red.  I ask her if I ever not got something done or missed a deadline or even missed work for my own treatment or appointments.  All she could say was no.  So I guess she was upset just because I had cancer and had a daughter with cancer.  I told her that it certainly wasn't something I chose to have.  She finally apologized but I jsut could not believe her insensitivity.

If you are in the state of California you can apply for state disability which will give you 52 weeks of disability pay.  In addition although FMLA may have now expired, cancer is considered to be a disability and therefore your employer is bound by another federal law known as the American's with Disabilities Act.  Contact the Employment Development Department, you may apply for state disability and be put in contact with a Labor attorney.

Good luck to you!