Fired for having cancer, can we tell our story to the press?

[txmuckraker]

What is the name of your state? Texas

My fiancée was forced out of her job after being diagnosed and treated for thyroid cancer. She had been on unpaid leave from work for 5 weeks, as the treatment was quite debilitating, and the day before she was supposed to come back to work, her boss called her and told her that she would need to take the next day off-- to decide whether she would accept a demotion and be subject to weekly performance reviews in which would be "hard on her", or to resign.

We've filed a complaint with the EEOC under the Americans With Disabilities Act, and she will resign tomorrow, as she is sure that these weekly performance reviews are for show and she would be fired within short order. Also, the EEOC representative has said that it wouldn't matter whether she accepted the demotion or resigned, that a charge would still go forward.

My question, though, is how much of this can be publicized without jeopardizing her case? I have press contacts and this would be a pretty hot story, but we will be seeking compensation and punitive remedy and do not want to make an error that will imperil the case.

I was also thinking about picketing out on the sidewalk in front of the office building. Would this jeopardize her case? There should be no problems picketing on a public sidewalk, right?

 

[cbg]

What does your EEOC rep think?

The problem with going public is that you can't be certain all the press will handle things the way YOU want them to. Once you give out the story it is completely out of your control. They may not spin it in a way that you think is favorable and there will be nothing you can do about it.

 

[txmuckraker]

Haven't discussed it with the EEOC rep, but we are looking for advice anywhere we can get it.

Here's something specific. We have an email from her boss in regards to her performance that says any issues with her job performance are minor. It was sent on the day that she would later get back the results of her biopsy that would tell her she had cancer. From then on her boss' opinion of her job performance quickly became far more critical.

Now obviously, the company controls the company's email server, so they could pull some shenanigans and try to make that email disappear. Is it safe to make the email public? Does anyone have any experience with that sort of thing? I have little doubt that they will use any means possible to try and make it look like she had a record of performance issues and even try to screw us harder in retaliation for bringing this charge.

Another question: what is the procedure for obtaining a cell phone conversation? Her boss called her cell a couple of times while she was on leave and said things that will make our case for us, in my opinion.

 

[cbg]

I'm sorry, but no, I don't think going public is the way to go. As I said above, you cannot control the spin that will be put on it. Once it leaves your hands, you can't guarantee that everyone is going to see things your way. You could end up doing a great deal of harm to your case, and get sued in the meantime.

Let the EEOC handle it - that's what they're paid to do.