Although employees are employed at will in California, this doesn’t mean that they should fire employees illegally.
Every cancer patient has a right to work in California; as such the State forbids employers who discriminate based on medical conditions.
One of the challenging situations is an employee who has cancer. They need ongoing treatment. It’s unreasonable for such workers to receive unfair treatment from their employers due to their sickness.
If you have been discriminated against or terminated due to your disability, you can look for a wrongful termination lawyer in Orange County.
Working With Cancer
If you found out you have cancer, you may have a hard time dealing with all the issues concerning taking time off for clinics, etc. Fortunately, the Americans with Disabilities Act (ADA) protect those who work with disabilities such as cancer.
Your employer has no reason to discriminate against you if they learn of your cancer or any other disability. If you are struggling with cancer, your employer needs to provide you with reasonable accommodation such as:
- Flexible work schedule: this helps with getting time off to go to hospital appointments
- Reassignment of job to one where you can perform with or without a reasonable accommodation
For your disability, you need to request an accommodation. You may write a letter; your employer cannot guess you are suffering from a medical condition. Though it’s not necessarily necessary to request a letter, such becomes a form of evidence if a dispute arises. For your request, you need to include:
- Your name and job positions
- The date
- Details of your medical condition cancer. Here, you may include a medical letter from your treating doctor stating the stage of your cancer and any other relevant information.
- Variety of ideas for your accommodation
Once you provide the above information, your employer should be willing to collaborate to develop a reasonable accommodation that will serve your best interest. If your employer states that this may cause undue hardship, it’s advisable to speak to a lawyer.
ADA applies to cancer employees and includes:
- When your employer may ask questions regarding your cancer situation.
- How to treat your health conditions disclosures.
- What kind of reasonable accommodation do you need.
- How your employer is required to handle your cancer medical concerns.
Have You Been Wrongfully Terminated For Having Cancer?
If your employer is taking adverse actions against you because of your health condition, you need to look for an experienced employment lawyer to give your legal assistance.
Even if your employer never discriminated against you but failed to provide you with reasonable accommodation, you may still have a claim. But, such should not cause undue hardship to your employer.
You need to be aware of your legal rights; only then will you determine whether your employer has taken an adverse employment action against you.
If you successfully file your claim, your compensation may include pain and suffering, past and future lost income among other damages.