• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Post Cancer Treatment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sludlow1952

Junior Member
What is the name of your state?What is the name of your state? South Carolina

Background: My wife was in a computer analyst position. She is recovering from breast cancer and while released to go back to work by her doctor, the medications continued to have an impact on her ability to function. She informed her employer that the chemo-therapy and drugs had dulled some of her thought processes. This was documented in her last performance review.

The Incident: Though her regular work day is 8:30 AM to 5:30 PM sometimes she is on call overnight to fix system problems. In response to a 2:00 AM call she realized she had released a file with errors in it. She did not have authorization to cancel the job, so reported it to a senior worker who did have these capability prior to 8:30 the next morning. For reasons unknown this worker did not cancel the job. The next day she was told her error resulted in a "substantial loss" to the company - though we can't figure out how since banks usually are pretty good about fixing deposit errors...

She was told she could resign or be fired. Once the shock wore off she informed them in writing they would need to fire her which they did stating the reason was for "poor performance."

(To add to the story the company questioned her willingness to be promoted last fall, but when she declined due to her treatment and a requirement to move, shortly problems started. In the last six months she has had three different supervisor's each one declining to understand projects she was assigned and each added more to her work....we believe they were purposely trying to overload her until an error could be made to justify a termination, but of course wouldn't know how to prove it.)

Do we have any options or protections since her employer knew of the cancer treatment and effect it was having on her performance?
 


cbg

I'm a Northern Girl
There is not enough information in your post to determine whether or not your wife's condition would be covered under the Americans with Disabilities Act. However, even if it is, the employer is not obligated to accept work that is not up to the standard that would be expected of a non-disabled worker. They have no legal obligation to accept poor performance from your wife, even if it is related to a medical condition.

Without significantly more proof that they are deliberately setting her up to fail and SPECIFICALLY that they are setting her up to fail BECAUSE OF her medical condition (which I am not seeing in your post) I'm not seeing any legal options available to her.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top