• Can you be fired if your employer finds out you have colon cancer and will need chemo?

    Asked by rustysflygirl on Sunday, March 4, 2012

    Can you be fired if your employer finds out you have colon cancer and will need chemo?

    11 Answers from the Community

    11 answers
    • GregP_WN's Avatar

      NO, that would never fly. Lawsuits galore. Discrimination, lot's of problems for that employer would come up. I am a business owner and assure you that will not happen.

      almost 9 years ago
    • rustysflygirl's Avatar

      THANK YOU!! We are scared and not sure what is happening but that was one of our primary concerns, lose of income, no insurance ect. Thank you again.

      almost 9 years ago
    • Helloitsmo's Avatar

      Fmla ( family leave law) in California
      Not sure about Texas but 12 weeks mandatory
      Job protected time off and California pays
      For 6 weeks of the 12 weeks. I know available
      In other states but not all. Time can be taken
      All at once or intermittently as needed for illness.

      almost 9 years ago
    • tspoon's Avatar

      Medical discrimination is the newest protected right you have. Just finished the latest courses in human resource.

      almost 9 years ago
    • rustysflygirl's Avatar

      Thank you all, that is a relief to know.

      almost 9 years ago
    • CarolLHRN's Avatar

      It's important to understand all of your husband's benefits and the state laws that are related to the benefits.

      FMLA is the most common law that protects your job when you or a loved one can not work. The FMLA time can be taken intermittently so your husband can use it for treatment days and when he's feeling OK he can work.

      Also look at your long and short term disability insurance. You usually are paid 60-80% of your normal salary. Some employers make you use FMLA and short term disability at the same time, some do not.

      Many people are able to work through treatment. I have had chemo/radiation and now just chemo and I haven't missed a day of work. Are there days I want to lay on the floor and take a nap? Of course but some how I get through. I think working through the treatment has helped me mentally and emotionally as well. Doing a good job at work helps me see the positive in things.

      Someone asked a question a while about about talking to your employer about your diagnosis. If you search the questions, it will come up and you can read the suggestions.

      almost 9 years ago
    • rustysflygirl's Avatar

      Thank you so much!

      almost 9 years ago
    • nancyjac's Avatar

      Here is a very good resource specific to job security and cancer.


      While there are both Federal and State laws that provide a degree of protection against losing your job due to cancer, it is not all inclusive. Employers do not have to hold a job indefinitely. The length of time that an employer must hold a job generally depends on whether the time off creates an "undue hardship" for the employer. The employer may also have a medical leave policy that limits the amount of time someone can take off.

      Employers are able to fire people for many reasons. For example, a company can "downsize" and many employees may lose their jobs. Or, an employee can be fired for not doing a satisfactory job or not having the necessary skills. However, an employer cannot fire people with disabilities just because they have disabilities.

      almost 9 years ago
    • akiko's Avatar

      Totally agree with CarolLHRN and other responses. Companies can fire their employees with or without cause but companies CANNOT fire people based on their disability. I am a good example. I was employed one of the top high tech companies in the US and the company just decide to eliminate 1000 people in a division without cause and I am one of them. I work in CA. My last date of employment is supposed to 11/16/2011. I had emergency surgery on 10/6 and 10/9/11 and diagnosed as a cancer patient on 10/20. I applied short term disability on 10/31/11 and then my company immediately put my status as being lay-off ON HOLD which makes my company NOT ABLE TO lay me off unless new situation comes up. Now all my colleagues are gone and I am still (theoretically) employed by the company. I never knew that it was possible but our wonderful HR benefit manager educated me of this and guided me through the hard time.

      almost 9 years ago
    • cancerboy's Avatar

      I really like all their responses but with me it was totally different you see I am a truckdriver
      and when I told my employer about my cancer I was indeed let go. How you say? Well
      with me being on controlled medication that was their loophole because of D.O.T regs
      I am not allowed to drive and my company does not have enough employees to where FLMA
      offers protection. But at least I was able to keep my insurance through COBRA and with
      my disabilty I will be able to keep it til I qualify for Medacare.

      over 8 years ago
    • CrazyHarry's Avatar

      I wasn't. My friends tell me that FMLA is a good thing. My employer has been good to me, and allowed me to work from home when I usually am on the road.

      about 8 years ago

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