Work discrimination - Have you experienced it and what have you done about it? What laws protect us?

Work discrimination - Have you experienced it and what have you done about it? What laws protect us?

I am almost 5 years cancer free, however every year since my cancer I am let go for minor reasons that are related to minor PTSD I have following the cancer. Once they know I had cancer they seem to come up with reasons not to have me back, with the most common ranging a vague, "not a good fit" to blatant, "well if you can't do the job...we are letting you go" when asking for a small accommodation.

A MyBCTeam Member said:

Part 2. I was given 9 weeks by my doc but at that point I was having auto immune issues and could barely get in and out of a car. I felt like I aged 45 years over night. So my doc gave me another month. They refused it. I argued that they couldn’t. They said if I didn’t come back by March 16 on full hours I was terminated. I was to return April 1 and work modified and work my way back to normal hours. They fired me and had the new person start March 18. So they had started interviewing long before they gave me the ultimatum. I sued and won. I settled in arbitration because I didn’t have the energy to drag it out in federal court and needed to pay bills and live. So they really got off as I should have got a lot more. But I did put it in my settlement a little something extra that for 3 years they had to write a check to fund my Avon Walk. So for three years they were reminded they fucked over someone with cancer as they wrote that $1800 check. But I was able to sue under the ADA. So if you get a doc to write about what you need for accommodations and they refuse you can sue them. Some states make it even easier because they are pro worker and you can go through the state laborboards. California is one of those states. They also fund short term disability if your employer doesn’t. But there are only 2 other states that have that one is Rhode Island I believe. I would contact a labor attorney and get a free consult. If anything they can help you put yourself in a protected situation for your next job.
I should have done that with jobs following as I had some PTSD effects as well. Mostly magnified by the tamoxifen as I don’t metabolize it and it was causing severe depression and anxiety. Now off but hormones are very out of whack and still struggle. Working with a naturopath now and need desperately to get work and pray I can hold it down. Because I won’t be able to pay rent next month. I have maxed credit cards and don’t answer my phone because of all the collectors. I don’t know if I will ever crawl out of this hole. All caused by tamoxifen.

posted over 1 year ago
A MyBCTeam Member said:

Here's another link, this time from the American Bar Association, that could provide good advice for Mississippi or point you in the right direction:

https://www.americanbar.org/content/dam/aba/adm...

It includes national legal resources for cancer patients, survivors, etc.

posted over 1 year ago
A MyBCTeam Member said:

@A MyBCTeam Member why doesn’t the FMLA not apply in MN? It’s a federal law. But regardless you are under the ADA. It doesn’t sound like what they did is legal. Def call an attorney. Many companies think they can do what ever because we have cancer and are “weak”. Don’t let them get away with it. I know it’s hard. Hell I even buckled at the end. But at least they got stuck basically paying my salary for the 18 months I ended up being off post treatment. But the mental stress they put me through they should have had to pay much more. But I am single on my own and no one was going to pay my rent. Had I not had chemo brain and severe anxiety the smart thing would have been to store all my stuff and move home. And let it drag on longer. They would have caved. But they indirectly won as I caved instead. And after attorneys got theirs I think I walked away with $90-$99K. But those that have gone to court have walked away with 300-400K. I just didn’t have the stones to go the distance.

posted over 1 year ago
A MyBCTeam Member said:

@A MyBCTeam Member. What you are experiencing is very common. I have the same issue. My comprehension skills dropped significantly after chemo. I also have major anxiety about failing and getting fired which lead to panic attacks not leaving home and ultimately getting fired.

You definitely need to find a social worker and psychiatrist that work frequently with post cancer patients. They may be willing to start you up on ADD meds again. I take them. I was already on them when I was diagnosed but you have the history it just may take a bit to find the right doctor. I also took a really easy job working at the farmers market part time to build up my confidence again. Now I’m looking for work that entails a bit more physically than mentally. Like retail type work. Things that rely on personality and other work traits not necessarily technical. Which is weird for me because I have a science degree and have worked in a very technical field for almost 20 years but my brain just doesn’t work the same.

posted about 1 year ago
A MyBCTeam Member said:

And just because he’s consulting his attorney doesn’t mean he is doing it legally. He may have a business attorney that is the companies over all attorney and that doesn’t mean they no the ins and outs of labor law which can be very complex. Plus most people on a jury will side with the person with cancer. Companies do this to women much more often too. They also do it when women get pregnant. I had a friend pushed out of her pharma job with J&J when she was pregnant. She didn’t have the energy to fight and that’s what they depend on.

If you notice you are getting more headaches or getting sick or anything stress related write that in your journal too. Keep emails everything and start getting that now cause if they do let you go while. Out for surgery you won’t have access to it then. So keep docs now and get all past docs too. Even job description and original salary and benefits. And then the changed ones. Does this company sell anything nationally because if so who are they do I can make sure to boycott their products and services! Lol

posted over 1 year ago
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