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#1
11-01-2009, 05:15 PM
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Cancer Discrimination, wrongful demotion, terminationWhat is the name of your state (only U.S. law)? New York My mother was an employee for the Oneonta, New york branch of KFC. She was a manager. In 2005 she was diagnosed with lung cancer, and informed her superior that she would be need time away from work. Her superior (the district, or regional manger) told her that she was allowed all the time she needed, and her position with the company was secure. (does this constitute an oral contract?) After 8 days in the hospital for surgery to remove the tumor, and 6 weeks at home to recover, she was going to return to work. When she spoke with the district manager again, she was informed that they had replaced her (with a man who was a convicted felon, mind you) and the only way she could continue working for them was to be a cashier, which was a significant reduction in wages. She declined to accept the position, and was terminated. She filed suit for discrimination, and lost wages from the time of her termination until the time that she began working at her current job. After almost 4 years the trial is due to begin soon. She was offered a $20,000 settlement, and KFC's lawyers told her that they will fight the suit, claiming that cancer is not a disability. She is a single mother, now working for minimum wage, barely able to support her family. $20,000 wouldn't even put a dent in the amount of money she owes for medical costs and bills that she was unable to pay when she was out of work. I would like some advice on whether or not she should proceed with the trial, or accept the settlement. I, personally believe that she should continue with the trial, as the definition of a disability is a physical or mental condition that substantially limits one or more major life activities. That includes working, and my mother was absolutely unable to work while she was going through this terrible ordeal. That is my basis for believing cancer is indeed a disability. I would hate for her to proceed with the trial, and end up losing, putting her further in debt. But $20,000 simply isn't enough. Any advice will be greatly appreciated and I thank you for your time. Sincerely, Justin |
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#2
11-01-2009, 05:17 PM
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| What does her LAWYER think? If she qualified for FMLA, this is a pretty clear violation.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves. -Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE! |
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#3
11-01-2009, 05:23 PM
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In my opinion this lawyer isn't very good at his job. He's been consistently late for discussions, and in general he seems to be learning as he goes, so to speak. |
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#4
11-01-2009, 06:00 PM
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| You haven't provided near enough information. Her medical bills have nothing to do with her damages as she would have had them regardless. She's owed lost wages for the unlawful dismissal if she was indeed unlawfully dismissed. DID she qualify for FMLA?
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves. -Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE! |
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