Hi,
I am a registered nurse, was hired at a local hospital and was waiting for my start date. In the mean time, I found a lump and was diagnosed with breast cancer. I waited to see what my treatments were going to entail until I decided that it wouldn't be a smart idea to start a new job. The main reason was because I needed health insurance through my current job, and the new job insurance wouldn't kick in for 3 months. So I decided to call the HR manager and tell her about my diagnosis. She told me she would speak to the nurse manager and call me back with what they could do for me. So, they called back and told me that after my treatments, I was promised a position and wouldn't have to go through any of the same hiring stuff (interview, math test, etc.). She even said, " if we have to we will make a position for you". I was so happy and relieved. Then I received a letter in the mail a few days later that had said something to the effect of please reapply when you are able or something. I kept in touch with the HR manager throughout my treatment a few times to show that I was still interested and updating how much longer it should be. Now that I am officially done with treatment, I spoke with the HR manager telling her I should be ready to work in 6 weeks or so and would like to get the ball rolling. She sent me a position, and told me to apply and she would give my resume to the same nurse manager and "remind" him about me and my situation. So I was really excited, and asked her what was next, and she just said, the manager will look at your resume and "you will be considered for the position". It felt like a slap in the face. Considered?? I was hired 2 hours after my interview 9 months ago, and promised a position. I applied to the same exact floor, same manager, just a different shift. Only thing that has changed was that I happened to be one of the unlucky ones to get the cancer diagnosis! It has been about 3 weeks since I applied, and haven't heard a thing. Part of me wants to e-mail or call and ask the status of the position, and part of me doesn't want to know because if it is bad, I don't know what I will do. Also, the more time that has passed waiting to hear, I am realizing I may not capable of doing that type of job right now, it is just to much on my body. My question is, does this hospital have a legal right to give me a job when I was already hired and had to "leave" because of a cancer diagnosis? I already signed all the papers, and was just waiting for the orientation day. Or do they have no legal commitment to hiring me again? Any info and advice would be great! Thank you for reading my long post!!!
1 Comment
Eva LaManna
Feb 11, 2015
Cancer Rights Attorney Comment:
Hi Oliver,
Congratulations on getting back to work and being through with treatment! I’m so sorry you have to deal with this confusing and frustrating situation.
The Americans with Disabilities Act (ADA) provides protections by preventing certain employers from making employment decisions based on an eligible employee’s current or past cancer diagnosis, such as not hiring you, terminating your contract, or taking back your job offer, just because they find out information about your medical condition.
In order to be eligible for these protections, you must have a disability, be qualified for the job, and your employer must know about your cancer diagnosis. Important to note is that the ADA protects you if you had cancer in the past, but are doing well now. An employer may not discriminate against you because you used to be sick. After you are offered the job, your employer cannot withdraw their offer once your disability is revealed. They can withdraw the offer only if it shows that you’re unable to perform essential functions of the job or that you pose significant risk of causing substantial harm to yourself or others.
Based on the facts of your situation, however, it gets a little tricky around the status of your employer/employee relationship and the time that passed. You might want to speak to an employment attorney for further guidance. You may be able to find one by visiting your local or state bar association's lawyer referral service or by contacting the National Cancer Legal Services Network at www.NCLSN.org.
Additionally, it sound like you may want to consider whether this is in fact still the job for you. Cancer and Careers offers a ton of great resources around reassessing your job priorities and options after treatment. It is completely normal that the job you previously enjoyed performing may no longer be the job you can or want to perform anymore.
I hope that helps get you started, and please don’t hesitate to write back if you have any additional questions!
Warmly,
Eva LaManna, Esq.
Please note that the above information is designed to provide general information on the topics presents. It is provided with the understanding that the expert is not engaged in rendering any legal or professional services in the information provided above. The information provided should not be used as a substitute for professional services.
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