Can you be fired because you have cancer?

[ClarabelleCowFan]

I think how much an employer is willing to work with you depends at least partially at how much they value you as an employee. If you are a person who is very good at their job, hard to replace, and has a long history at your company you might notice something different than an employee that has been written up numerous times, doesn't get along with anyone at work, or is easy to replace.

I see both sides of this issue also. On one hand I do think it is terrible to lose your job because you get sick. It is something that can happen to anyone through no fault of their own. On the other hand a company exists to make a profit and if they are hamstrung because an illness is preventing someone from doing their job either completely or adequately they have to do something.

It is kind of a no win situation but I hope your friend recovers quickly OP. I hate cancer.

Thanks. I hate cancer too.

First let me say that I'm a working cancer patient. Also, HR is one of the departments I manage so I'm familiar with FMLA and ADA laws.

Second, I'm sorry your friend is going through this. Bad enough to deal with an illness but add the fear of losing your livelihood and medical insurance and that's a lot of stress for a person to handle.

Most companies will terminate once the 12 weeks of FMLA have been exhausted. The 12 weeks is per year (the 12 months will start from the first date of absence that is charged to FMLA), not per lifetime so perhaps your friend can manage her time to stay within the grace period. She definitely needs to talk to HR and HR will be able to give her updates on the number of hours that have been charged to FMLA (she will have to request).

Speaking as someone who is in upper management in a mid-sized company, compassion has nothing to do with this. You can't pick and choose to apply a policy to this certain set of circumstances but not to another. It's a hardship for employers to hold jobs open indefinitely for an illness. We currently have at least a dozen people out on FMLA, some in critical positions that make it difficult for the company to run smoothly without them. Holding a position open for a year or 2 years on each of these individuals would be impossible so we follow policy in every instance.

If your friend thinks that she may exceed the 12 weeks, she should look into medicaid and be ready to apply for it if she loses her job.

Thank you. I had no clue she could apply for medicaid but that is a great idea.

whats even worse is if she loses her job how does she then pay for her health care? and then how does she get health insurance afterwards without it costing her tens of thousands of dollars.

That is her biggest fear. Her stress level is through the roof right now.

I have no words of advice as I don't live in the US, so laws/rules etc are totally different here.

But I did want to say how sorry I am that your friend is going through this and also acknowledge how this must be so stressful for you too, watching a good friend go through this.

Only good wishes and positive thoughts that this all works out in the end!

Thank you very much. I feel helpless because I live about 6 hours away from her. She is a strong woman but she is terrified of what the future holds.

Thanks to everyone for the well wishes, prayers and advice. I will pass on all of the information and wishes to her. She will greatly appreciate every post.

 

[LIDisneyFan]

Speaking as someone who is in upper management in a mid-sized company, compassion has nothing to do with this. You can't pick and choose to apply a policy to this certain set of circumstances but not to another.

Companies cannot devitae on ppolicy application because we are a litigious society - and as soon as you let one person 'get away with something', the next person who perceives themselves in a similar situation has a better chance of winning a lawsuit if policies are not applied across every situation in the same manner.

 

[Andtototoo]

I think how much an employer is willing to work with you depends at least partially at how much they value you as an employee. If you are a person who is very good at their job, hard to replace, and has a long history at your company you might notice something different than an employee that has been written up numerous times, doesn't get along with anyone at work, or is easy to replace.

That would be true if people acted rationally. People do not act rationally and therefore neither do companies.

The person I know who got fired while in the hospital with pneumonia was someone who had not taken one sick day during her tenure and had not used up her vacation time in any year of her tenure. She was well-liked by coworkers and clients and had won "employee of the year" at least 50% of the years she was at her job, including the year just prior to her getting fired (she got the award in December and was fired 3.5 weeks later). Totally irrational decision.

 

[furb & dez]

If you work in a "at will" state, you can be fired for no reason at all.

Yup, this. They don't even need to give you a reason. "Your services are no longer required."

We have a gentlemen "steve" who has health problems. He's on dialysis and fighting prostrate cancer.

He has cancer in his lying down? ?? ??

whats even worse is if she loses her job how does she then pay for her health care? and then how does she get health insurance afterwards without it costing her tens of thousands of dollars.

Yet we don't have universal healthcare, why? Oh that's right, it was gutted by people who want (demand, really) the good life but don't want to pay for it.

The person I know who got fired while in the hospital with pneumonia was someone who had not taken one sick day during her tenure and had not used up her vacation time in any year of her tenure.

Why is this a badge of honor? Not using the compensation you earned is ludicrous and extremely foolish.

"Oh I haven't ever taken a sick day. I come in sick all the time, infect others, and force them to take sick days instead. In fact, I'm useless when I come in sick, but aren't I a special precious sunflower for braving it out?"

 

[laurie31]

Yup, this. They don't even need to give you a reason. "Your services are no longer required."

He has cancer in his lying down? ?? ??

Yet we don't have universal healthcare, why? Oh that's right, it was gutted by people who want (demand, really) the good life but don't want to pay for it.

Why is this a badge of honor? Not using the compensation you earned is ludicrous and extremely foolish.

"Oh I haven't ever taken a sick day. I come in sick all the time, infect others, and force them to take sick days instead. In fact, I'm useless when I come in sick, but aren't I a special precious sunflower for braving it out?"

I didn't get the idea that it was a "badge of honor" but rather that the person wasn't someone who called in every time they just don't feel good. People like that get fired, and with good reason. But if someone is really sick, of course they should stay home.

I haven't called in sick since 1996. I had a horrible stomach bug then. I haven't come to work sick since then, I just have had the good fortune not to be sick. I don't have any qualms about using my vacation days, though.