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Lost job due to diagnosis of cancer...what to do!?!?

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Ruth1803

Junior Member
We live in Texas, so we are under Texas law. The employer at hand has no benefits offered to their employees neither offeres any type of disability. So when the documentation that shows his current diagnosis is cancer and time away is needed for treatment was provided to employer that shows the diagnosis and reason needing time off away it was then communicated to wait on how to handle the situation. We got a call a few days later from the employer stating that the company is slowing down and there isn't much work to continue to hold his position so they are letting him go. But they have since then hired a new employee for a different position. And are told by other employees that there is a new position open to fill his shoes. Can they simply let him go because of his medical condition? Can anything be done? Isn't this discrimination? Is there any benefit that can help financially legally to help with medical expenses and normal living expenses due to medical conditions and being away from work???
 


cyjeff

Senior Member
How many employees does the company have within 75 miles of your location?
have you worked at least a year and have you put in 1250 hours during that time?
 

Ruth1803

Junior Member
Yes worked for several years and not sure how many hours worked this current past year due to treatments and time away needed for work. But was full time and a salaried employee. There are less than 30 employees in the company. I know there maybe a FMLA appliance there, but that doesn't do anything for income. He doesn't want to pay any salary while I am out of work and wants to let me go due to my medical condition.
 

ecmst12

Senior Member
An employee is due no money when on medical leave. And this employer is too small to be subject to FMLA, so he has no job protection either.

If he is disabled and can't work, he can apply for SSDI.
 

cbg

I'm a Northern Girl
IF the employer filled his position after telling her that there was no work for him AND IF that was done because the employer perceived her as being disabled, then she may have recourse under the ADA even though FMLA was not violated due to the company's size.

Ruth, even if he had not terminated your employment, he would not have been obligated to pay you during your medical leave. Although a few states are beginning to implement laws requiring paid medical leave in certain circumstances, they are very few as of yet and Texas is not among them.

You might run the situation by an employment lawyer or the EEOC. I think there's some room for doubt here under the ADA.
 

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