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Newly diagnosed with breast cancer and then fired

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Latest post Fri, May 13 2016 11:59 AM by Drew. 6 replies.
  • Thu, May 12 2016 7:16 PM

    Newly diagnosed with breast cancer and then fired

    Hello, I have a friend that has worked at an aircraft manufacturing factory for over 25 years in Wichita, KS. Within weeks of letting her supervisor know she had been diagnosed with breast cancer, she was fired. What recourse does she have and who should she contact?

    The company sent her a letter and an offer for severance pay $30,000 and extended medical care. She signed that letter because she needed the money and the insurance in light of her medical condition. She is now unable to collect unemployment. She has no other work skills.

    What recourse does she have? I feel she was illegally let go in light of her new medical diagnosis. Opinions and advice?

     

    Thank you.

  • Thu, May 12 2016 7:40 PM In reply to

    Re: Newly diagnosed with breast cancer and then fired

    Does your friend belong to a union?  If so, that's where she needs to go for whatever help is available.  She should figure out what, if anything, in her union's current collective-bargaining agreement applies to her situation.

  • Thu, May 12 2016 8:32 PM In reply to

    • Drew
      Consumer
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    Re: Newly diagnosed with breast cancer and then fired

    I've had several friends get fired just after they told boss they had cancer ...my suggestion...go talk to a seasoned employment lawyer rather soon, name, dates, copies of what you signed etc. 

     

    Sounds correct that while severance is being paid, one does not get UC in many states......TX among them 

    The details of what she signed my matter a lot. 



  • Fri, May 13 2016 6:13 AM In reply to

    • cbg
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    Re: Newly diagnosed with breast cancer and then fired

    Your friend really needs to talk to an employment attorney and/or the EEOC.

  • Fri, May 13 2016 8:43 AM In reply to

    Re: Newly diagnosed with breast cancer and then fired

    curious1234567:
    I feel she was illegally let go in light of her new medical diagnosis.

    Your feelings on the subject are not the slightest bit relevant.

    While the timing is suspicious, it's not necessarily the case that she was fired because of her diagnosis.  She is, of course, free to consult with a local employment law attorney.

  • Fri, May 13 2016 9:29 AM In reply to

    Re: Newly diagnosed with breast cancer and then fired

    I did a little more research, and according to this website, her protection is most likely to come from the ADA (Americans with Disabilities Act), and to get that protection she would need to file a complaint with the EEOC within 180 days of being fired.

    She should be aware that the ADA protection is far from a slam-dunk if the employer can credibly claim it fired her for some other, business-related reason.

    Also, I have no idea whether her having signed this letter you mentioned affects her eligibility to pursue the matter.  Possibly she should get a consultation with a lawyer.

  • Fri, May 13 2016 11:59 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Newly diagnosed with breast cancer and then fired

    Waivers of possible claims under ADA as part of a severance deal is best addressed to a lawyer skilled at EEOC /ADA issues ...and quickly , the door closes at 180 days . 



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