Job Loss because of Cancer
Comments
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I have heard that it is common for people to lose their jobs over having cancer, but have not seen anyone talk about that here. Has anyone experienced that?
I was let go for my diagnosis because they said that they could not work with the chemo schedule and such. They did let me continue to work until they hired someone new. I have another freelance - contract job, but I work at home and stop in every couple of days to drop off files. I am trying to go "incognito" at this job. No one knows about my cancer. I just want that situation to be about work - not cancer, not anything that gives them a reason to doubt that I can do the job.
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J-Bug, I'm so sorry that happened to you. I'm assuming for some reason the Family Medical Leave Act (FMLA) didn't apply -- your employer had less than 50 employees, or you hadn't worked for them for 12 months -- but just in case it SHOULD have applied, here's a link:
http://www.employer-employee.com/fmla.htmlGood luck with your freelance job -- going "incognito" sounds like a smart thing to do there.
Fortunately, I didn't lose my job, but I did feel very threatened by my "bosses" at the time -- two medical researchers who were really harsh towards me! I was afraid they were going to try to trump up something to fire me -- I work for a big academic institution (way more than 50 employees!), so I started looking on the HR site for other positions and transferred away from my mean "bosses." (Of course, THEN they were furious that I had abandoned them! After they'd been threatening to fire me for taking to much time off for treatment! Which shouldn't have been legal according to FMLA, but they were just so awful it was best for me to get away from them, even though it was a stressful time to have to make a good impression in a new position -- as I'm sure you can relate to!).Didn't want to make this all about me -- again, I'm really sorry you lost your job -- strikes me as so wrong! But I'm very impressed that you lined up this freelance work right away!
Hugs,
Ann
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You are right. I did not qualify. They did tell me that they might give me some freelance work as it is available, but I have been too busy getting settled with the new work to check in with them. (It's a little hard to want to as well.)
That is great that you were able to transfer. That is probably one of the best decisions that you could have made for your health. I think that this economy lends itself to the employers being more brutal about caring for their employees. Everyone is running scared trying to prove themselves and maintain their tight budgets.
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The new job is with a huge corporation that I had done contract work before for an extended time. They contacted me to see if I was available right as the other situation looked like it was going south. The timing was incredible!
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When one door shuts another opens........
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J-Bug, your employer can NOT fire you because the chemo schedule is inconvenient for them. This is against Federal law!
Click here for info.
It's against Federal law to terminate someone for medical reasons. You should first file an Equal Employment Opportunities Commission claim. You have 180 days after her termination to do so, so you need to hurry. You should also get a lawyer who specializes in employment law and file an individual lawsuit for damages.
Here's info about EEOC claims, and here's more how-to info.
Click here to find your nearest EEOC office where you can file a claim. Don't wait!
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I'm so glad you posted that, cycle-path. I was pretty sure it was against the law (at least in CA), but wasn't sure enough to comment. That's excellent information. But then the question always is, does J-Bug or anyone need more stress (e.g. a lawsuit) on top of a bc dx & tx? Deanna
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dlb, that's certainly a good question, and one J-Bug must answer for herself. If it's too stressful she shouldn't do it.
However, there's another aspect to this kind of illegal activity. If we allow ourselves to be treated this way, it will never stop.
Women attained the right to vote because they stood up for themselves and demanded. Slavery was ended because people decided it was wrong and started speaking out. Those are, of course, extreme examples. But every time we accept something that's wrong we prolong the amount of time it will continue.
I don't blame anyone who feels they don't have the strength to protest. But I feel it's important to encourage those who are on the fence.
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I think that they are within their legal boundaries to do this because I was a 1099 self-employed freelance designer for them. I worked on-site at their corporation 40 hours a week, but not as their employee.
The case that I would have loved to go after was when I was let go in July 2010 for "restructuring". State Farm had been questioning us extensively in regard to a fire at our home in MI that we were working on moving out of and trying to get listed. We had just shown it to a realtor the day of the fire. Eventually, they got the police to question us and I made a stupid statement about not knowing how this could be possible when my husband was 2.5 hours away when the fire was called in and that I had done a lot of research online trying to figure this out. The police came in a few days later and seized all of our computers, including my workplace laptop that I happened to have at home that day. I was let go for "restructuring" a few days later. This is discrimination, illegal and easily a disputable case according to our attorney. We had so much going on trying to keep our heads above water, I chose to not pursue it. I didn't want that much anger brewing in me while I was trying to find new work. I have been doing various freelance work ever since. Now with a breast cancer diagnosis and doing chemo, it adds another layer of difficulty in trying to present myself for permanent placement.
There was also the time my daughter had open heart surgery and the surgeon cut a chord loose, causing some extensive complications. We were so busy being concerned about her health and dealing with her at 9 months and our son who was just two at the time that we could not take that on. Our son was later diagnosed with Asperger's, OCD, Sensory Integration Disorder, ADHD, and an unspecified mood disorder, which explained to us why life was so difficult raising him. We spent his entire childhood (he is now 15) taking him to four different specialists, trying to help him expand his skills in his deficit areas. Fortunately, now he has improved immensely and our daughter is doing well too.
So I have had numerous opportunities for lawsuits. They are so extremely expensive. They take so much out of you and and your family and with all that we have been through in the time since we have had our children, I am just focused on healing right now.
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I agree with you that as a 1099 freelancer you probably don't have the same rights. Possibly a case could be made but it would be very difficult and not worth the aggravation.
So sorry about all the other cr#p you've had to deal with! It never rains but it pours sometimes.
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It has been pouring for some time now. I am pretty exhausted from it all, but thank you for the support.
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J Bug- I am a 1099 self employed person myself, I do bookkeeping. I lost my main client (70% of my income) due to cancer as well. They were great with the initial diagnosis, but when I had my quick exchange surgery one of the owners just shook his head. In three years I never missed ONE day of work for them, through a c section, BMX, whatever. He to quote "another surgery? We're going to have to find someone else....with this cancer sh!t and you it will always be something."
I pointed out I did his payroll 2 days after my BMX, and the exchange surgery was nothing compared to it, I could handle it. He said yha, but eventually you won't, the cancer will come back and I really hate dealing with all this cancer crap.
The end.
Now, thanks to this very thoughtful (gag) person we are having a hard time financially. But remember Karma is a bitch- hold on, good things will come. At least I have my fingers crossed.
Sorry you are having to go through this. Hugs-
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Laurie08: that's too bad. What a disappointment when you put so much energy into being successful in helping him with his business. I know I was in so much pain this week trying to work through the night to meet deadlines like a "normal" person. It would be a huge disappointment to have someone say they didn't think that was enough after all that effort.
As you are able to take on more, I would look for local business networking events that you can begin to connect with more working professionals to get more work. In this area, I attend several "Meetup" groups. There is a website where you can search for ones in your area at: http://www.meetup.com/. I go to ones for graphic design and web design, but there are others that are just local working professionals meeting to share ideas.
Also, do you have a profile set up on linkedin.com? I keep all my business contacts going through that site and connect with some of them when I am looking for work or offering to help them with a project.
Thank you for your response!
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As a freelancer, technically they were not her employer. Sadly, what they did was not illegal.
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Cancer patients have protecction to keep their jobs, the problem is that a patient that is on treatment needs days off, and many times co workers and bosses do not like this.
I found a job during my treatment. I did not let them know my condition.
There is a web site that has a lot of information about rights, how to deal with co workers, etc.
They even mail some booklets about this. Descrimination can happen to be promoted, schoolarships, etc.
The worst place to work if one is sick, believe it or not , is a hospital, this from comparing notes with friends.
I work in one, and I have seen how difficult is when too many people know one has cancer.
I prefer not to talk about my cancer at my place of work. Now I work part time.
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I forgot to post the name of the web site: Cancer and carrers. It is very informative.
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http://www.cancerandcareers.org/en
This is an excellent resource! Thank you for sharing.
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I am glad you like this site, years ago a young woman sued her place of work because she was not promoted due to her cancer, she wrote a book, and this help me a lot at the time.
I guess if you google,you can find it.
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I hope someone can offer some advice on my situation. I had been laid off over a year before my dx and was working temp and contract jobs. My last position ended June 3, 2011 and was given my diagnosis on June 15, 2011. With all of my tests, appointments, surgeries and time to heal plus I start my radiation therapy in about 4 weeks, I haven't worked since 6/3/11. My question is how do I deal with this while trying to find a new job. Explaining the break on my resume, plus if I get the job, the time off I'll need for radiation and my saline injections for my TEs. Any advice would be very welcomed.
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I was in a similar situation. I have been able to keep doing contract work through my chemo. I had done a lot of networking during the time prior to diagnosis and it has kept me in contract work with no breaks in employment. I have resigned myself to just trying to maintain that kind of work until I get through surgery. I am trying to not look too far down the road, but I know currently my contract work is with a great company, very big name, I work full time, but most of the time from home and they are working with my few bad days that have just come up with Taxol treatments, so I just can't pass that up right now.
I have been wondering that same question for when I do feel more physically ready to be in the workplace every day. I know an HR person whom I spoke with who is going through this, said it is simply none of their business. But, how do you dump that on the employer after you get hired? That's not fair to them or you. I am looking for those answers too!
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