• Job harrasment....

    Asked by mtolady on Thursday, February 14, 2013

    Job harrasment....

    was woundering if anyone else has been harrased for there job performance after coming back to work after cancer treatment...I feel like I am being harrased...I know I'm not the same person after what I went threw but I am trying....I am a salesperson for a convenice store...I sometimes forget to ask questions and smile all the time...I have a lot on my mind ,but I need my job have doctor bills to pay as you all know..Is there anything or anyone to call or talk to about this....Thank you

    13 Answers from the Community

    13 answers
    • Peroll's Avatar

      Harrassing you due to your cancer alone is illegal. You should be protected under the Amaricans with Disabilities Act (ADA) However, if your job performance has gone down then a critique of your performance is normal, but that should not be harrassment. You can try talking to your boss about your job performance and how you can improve in a friendly and non-confrontational manner. They should engague you in an open discussion on how to improve with out being harrassing or demeaning to you. If they demean you or harass you the only recourse is an employment attorney which could at least in the short rujn make things worse until things get sorted out. Working at a small business inder these cirvcumstancces can be tough as the bosses often have no training on how to deal with disabled employees. Good Luck

      over 5 years ago
    • alivenwell's Avatar

      This is a tough question. I agree with Peroll, but ultimately the goal is to spread a need for compassion, understanding and obviously health coverage. Unfortunately, our heath coverage exceeds a normal person's health care cost. I have been there as well. In the event that you are laid off, there is always COBRA for 18 months that will take care of some medical costs. I just do not understand the excessive cost of treatment. It's outragious.

      over 5 years ago
    • AlizaMLS's Avatar

      Dear mtolady,

      I sympathize with you. I am on disability because I was first a Lupus patient (diagnosed 20 years ago) before I had Breast Cancer (diagnosed last August), I worked for many years with Lupus without a hitch. At the last place I worked, my lupus and several other medical conditions worsened and I was a part time worker, so I requested "Reasonable Accommodation" under The Americans with Disabilities Act.

      Under The ADA, workers are protected but only (underline only) if their place of employment has at least 100 employees. If there are less than 100 employees it's not enforceable. If your employer is dependent on you (i.e., a small business) for you to do your job so his company thrives, unfortunately she/he does not have to keep you on (i.e., employed) despite what other well wishing people tell you. I know. I'm a Librarian and quite familiar with The ADA as a friend who was one of the last polio survivors was one of the chief writers of it. I would however consult with a Disability attorney to make sure that all your ducks are in a row. Other than that, I would begin (when you feel well enough) to seek employment (try doing this while you're employed) at a company with more than 100 employees to be on the safe side. When you find an employer who's a good fit, who likes you and what you have to contribute, be up front about what you need from them (I.e., request "Reasonable Accommodation"). Best of luck to you.

      Warm wishes,

      over 5 years ago
    • karen1956's Avatar

      Yes, I was given a hard time and forced out of my job...I was told that I was no longer able to perform the job to the necessary standards...... since I was done cancer treatment, I did not pursue anything with the ADA...I am now employed at a different school district doing the same job and getting good reviews....so was it my performance or was it my boss wanted to get rid of me!!! I did briefly talk to an employment attorney and the cost was out of my reach....it was not an open and shut case!!!

      over 5 years ago
    • carm's Avatar

      Hi, I would contact the patientadvocate.com. It is free legal advice and they should be able to guide you through this situation. Best of luck, Carm RN.

      over 5 years ago
    • princess123's Avatar

      I am lucky to have great employers. I'm not doing as much work as I need but I have to say they are trying to do right by me.

      over 5 years ago
    • savingrace's Avatar

      Harrassment is definitely not what you need. I have learned that people who have never experienced dealings with cancer (themselves or family) have no idea what to do or say to a cancer patient and most of the time they say the wrong thing. . This disease can sometimes dampen our spirits and change our whole way of thinking. Check your area for support groups. A support group should be able to help you sort through things and they should also be able to lead you to the right place for help with what you may be going through on your job.

      over 5 years ago
    • debco148's Avatar

      This happened to a friend that I met during my radiation treatments. She worked at a bank for 11 years and all of sudden was being blamed for poor performance. Make sure to document things that are said to you. My friend was let go from her job. She wishes she had documented. She was harassed when she was running late from treatment, for forgetfulness, and felt she couldn't do anything right. Her customers still miss her at that bank. She is a friendly and competent person and now has to find another job. Also, after documenting and having a frank but unemotional one on one with your supervisor, document how that went. If still not satisfied take up to their boss. Best of luck!

      over 5 years ago
    • Nancebeth's Avatar

      I was lucky because I work for county government and they were very understanding of my need to take time off for my surgery (9 weeks). My fellow employees (most of whom I did not even know) donated sick leave to me when I ran out so I didn't need to take any leave without pay. However, I run a community center and my chemo was over the summer when I have summer camp in session. I went to work every day and did my best. My staff took up a little of my slack when I was just too tired or felt crappy. My boss assumed because I was at work, I was fully able to work. So, he was a little hard on me until I explained exactly what chemo was doing to my body and mind. After our discussion, he became way more lenient and sympathetic. He has been super since then...really supportive. I guess I needed to be more clear with him about the effects of my disease.
      I have had one more surgery and scheduled around my large events so I wouldn't miss anything too important. I am having a partial knee replacement due to necrosis from chemo and I scheduled that so it wouldn't interfere with summer camp or any other major events. So, we work together to keep the center running smoothly and to keep me as healthy as possible.

      Good luck.

      over 5 years ago
    • Clyde's Avatar

      Peroll is correct. Harrassment and criticism for poor work are too different things. Documenting as others have suggested, is a great idea. Then you can have an objective person look at what you are going through. You say you have a lot on your mind. Try and see work as something separate from your cancer. A time to put the cancer aside and go back to being who you were before, if only for a few hours. Treat it as a break in the cancer journey. Cancer is a full time job and we all need down time from work to keep ourselves balanced so try to treat your work as your down time. Good luck.

      over 5 years ago
    • GregP_WN's Avatar

      Ms. MT I have been on both sides of the fence on this one. I was working for another company when diagnosed my first time. They only had 6 employees, but they kept paying my salary when I was in treatment and would miss 2 days every week. Then at times I had to be in the hospital for a week they kept paying me. I was good at my job, though. I was one of two people hiring, and training people to travel and be our sales . Not many people can do that. So it's different than having a cashier or a position that many could fill.

      Then, on the other side, I have owned a company for 23 years. I have had several people work for us over the years. When an employee was sick or had a problem, I am more understanding about it. But still, I can't have one person on the payroll that can't do their job, sick or not, we are just too small, payroll is a major portion of the overhead.

      My only answer is to be sure your doing your job well enough to fill the need of that position, even if your not who you used to be, just be sure you don't let the cancer be an excuse to slack off. Try to go out and above the call or needs of your job. One thing I can promise you, if I have an employee that is really good at their job, the kind of person that when work time is here and I don't see him and I get worried about him. That is a keeper employee. If they are sick, no problem, take off, get done what you need, because for me it's worth it. It's not fair, but if your the type of employee that is on the fence as far as quality of work, acceptance by the rest of the work force, and the company could take you or leave you, you had better watch your back.

      The size of your company means a lot. And the compassion of your superiors.

      I wish you the best, and hope that you can be the best YOU, that you can be.

      over 5 years ago
    • Nomadicme's Avatar

      I'm not sure what your specific issues are. But, if you're more tired from chemo, if you have chemo brain, and/or anything else, get a note from your Dr and ask for accommodation to your disability. This is so you're not in a she said/he said scenario. As a cancer patient/survivor you're protected under the Americans with dissability act, both at the federal and state level. Document and you'll be fine.

      over 5 years ago
    • babydol0618's Avatar

      My husband was diagnosed with Renal Cell Carcinoma on 02/12/13. Called my employer that same day to inquire about FMLA and I told them the diagnosis. They gave me a number to call and when I went to work the next day- I was fired!

      over 5 years ago

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