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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 almost 2 years 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 almost 2 years 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 almost 2 years ago
A MyBCTeam Member said:

I know it really is. I have no respect for companies that don’t see people and only see money. Yes definitely protect yourself. I was in the same boat. And on top of it I had only been with the company 3 weeks when diagnosed. So I was terrified of losing my job too. I live in Cali my rent was $2350 a month and I had two properties still in chicago I paid a mortgage on. Had tenants but their rent didn’t cover everything. I would set up a make shift desk at infusion and worked the entire time. The nurses always saved this tray thing for me so I could set up my desk. Took myself to and from chemo. Did my best to meet with clients and most of my clients were super understanding. I even saved them from losing a very large account. But my boss was an ass. He would say well cancer or no cancer you need to bring in new business. At one of our sales meetings they were going to be changing territories slightly. And bringing on a new sales person. The meeting was going to fall on my day 4 post chemo which during taxol was the worst. I told them. He said well hopefully you we won’t cherry pick your accounts. So I had no choice had to go. Taxol made me hurt from the inside out. I wore black cotton pajama pants that could pass as normal pants because even pant fabric hurt. I was popping Vicodin like candy and he still took my biggest account. He kept us 2 hours longer I finally just said I’m going I still have a 45 min drive home and I hit a wall an hour ago. And was driving on Vicodin. But the meeting before one of my coworkers picked me up but because of Bay Area traffic and the extra stop we were late and Dave got chewed out even though I said it was because he picked me up. So I didn’t want to ask anyone for a ride again. Had a sales person steal a lead because I couldn’t use my cell in chemo but could email. Well I emailed and they said oh someone else helped us. Went to my boss and he said well you snooze you lose. I wasn’t at the pool asshole I was in chemo. Horrible company.

Also because of chemo brain and all that document everything in a journal. Dates and times and who. How they told you about the change. Try and get a reason. Get things in writing and start compiling it all. Find a cut throat labor attorney. No one nice. You need someone that will fight for you.

posted almost 2 years 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 almost 2 years ago
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