Hello,
I am a breast cancer survivor. August 2013 I was diagnosed with breast cancer. I was home after my FMLA ran out, for the remainder of the year on unpaid medical leave. Since my diagnosis of breast cancer and my return to work last August 2014 the environment has been toxic. To say that I am being targeted to leave is putting it mildly. What rights do I have? Or should I just leave and move on? I have been told to contact a labor lawyer. Is it a good idea? Thank you so much, Lisa
8 Comments
Sarah Goodell
Jul 8, 2015
Cancer and Careers Staff Comment:
Hi Lisa,
Thanks for reaching out and I'm sorry that your workplace has been so difficult. I have sent your question over to our coaches who will be in touch soon.
In the meantime I would recommend our article on Finding Legal Assistance (if you scroll down there is a section for if you're feeling discriminated against) which also includes some other resources that may be helpful for you: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Finding-Legal-Assistance
I would also recommend reaching out to the National Cancer Legal Services Network (http://www.nclsn.org/) as they should also be able to provide guidance as well.
Best,
Sarah, Manager of Programs, Cancer and Careers
Kathy F.
Jul 9, 2015
Good Morning, Lisa;
First of all, congratulations on returning to health! Getting through that year had to be a big challenge, and you did it. That is something about which you can be proud.
However, returning to your old employer sounds like it has been less than a welcoming situation to say the least, and one that is difficult to manage on your own. That is why I echo Sarah's advice to contact the National Cancer Legal Services Network, and taking time to read through the recommendations and resources available on www.cancerandcareers.org. Many others have faced similar circumstances, and although everyone's situation is unique, you can glean some potential options by reading through the articles and getting legal advice.
That said, as a Career Coach, I am drawn to ask you a few questions for your consideration before you act to leave or bring a suit against your employer. First, is the work that you do something that is unique to that employer or type of employer, so that it would be difficult to replace the income or role in another firm within your geographic area? Next, has there been a change in the firm's economic circumstance since you went on Medical Leave that may have prompted additional pressures to be put on employees to perform above what could reasonably be expected, or was expected in the past? Has there been a change in management or supervisor during your medical leave, to individuals who may not know your past work output, work ethics, and the reputation that you earned before your illness? Do you have the emotional and physical stamina to withstand the current situation, or to take on a fight to change it if you stay? Lastly, do the benefits to staying put outweigh the benefit of finding a less stressful, more welcoming environment? Only you can answer those questions, but they are all key to your decision.
I do empathize with the strain of coping with the hostility you perceive from your colleagues daily. However, you do not mention the size of firm, the type of work you do, or the location where you live, so I have little to go on when understanding your particular circumstances. With that in mind, I would suggest a few other general considerations for you.
Job search takes quite a bit of time in today's market. And, the time to find a similar or like role in a limited environment like a small town or a medium sized city can be extended even further. On average, it takes from 8 weeks to 3 months from job posting to an offer to a selected candidate for most professional level positions, simply because of the normal screening and interviewing process. Coupled that with time for any salary and benefit negotiations after an offer is tendered, and it can take 4 - 5 months to go through an entire job search successfully.
If you allow yourself to react negatively and obviously to pressures and hostility within your current employer, it is possible that others will paint you with that negative brush rather than owning the negativity themselves. So, do find other outlets to de-stress, and maintain a professional posture and demeanor throughout your work day. In other words, don't let the bad apples spoil your own reputation. You need those references when and if you move on or out of your current department to a more accepting one, so do cultivate positive relationships wherever you can.
Although it is hard to believe, some supervisors may not be as forthcoming about performance goals, or aware of hostility peer to peer as you may think they should be. Many are focused on managing upward in the organization and expect their downline to take care of business with little guidance or support. If this is your situation, your supervisor may have his or her eyes opened through a frank but respectful discussion of your perceptions, and may feel additional respect for you if you seek to understand the performance pressures he or she may be under, and how you can support his or her goals.
By that, I mean stand up for yourself when you have to, but do so in a way that cannot be tagged as unprofessional. Do not allow anyone to shortchange your skills or accomplishments or browbeat you with assumptions about your capabilities due to misconceptions about what cancer does to one's mental or work capacity. You have a right to confront false assumptions from peers and employers about your capacity and performance post-cancer. If you find that a peer is be browbeating your for taking time off, is expressing resentments for handing them more work while you were out, or even is dismissing you or marginalizing you as less than capable because of your cancer history, you can simply challenge their assumptions with a strong yet professional statement similar to the one below.
" I appreciate your concern about my past illness. However, I think it is important to note that cancer may have thrown me a physical challenge but it did not change my skills not my commitment to doing a stellar job for my employer. I am still the same committed colleague you knew prior to my medical leave, and I stand on that reputation. I request that you allow my continuing excellent work to show that I am a strong contributor to this team. To do otherwise is simply making false assumptions. Thanks for your understanding."
It is professionally stated, but should shut down those who may harbor generalized false ideas about those of us who are survivors. You cannot control anyone's reaction to standing up for yourself, either positive or negative, but it is one way to feel that you regain some personal power in the situation.
Ask yourself what work means to you now. Is it more than your livelihood? Is it tied intimately with your identity? Are you in a profession that took a great deal of time and effort to gain your level of expertise, or is your job one that you can move on from to retrain or retool for another with little hardship? Is working in a hostile environment worth the grief? And this last one is a tough one. Are you contributing in any way to people's perception of you and your capabilities, and if so, what can you do to regroup and hit the reset button?
Whether you choose to move on or stay put, it may be helpful to remind yourself of all you have accomplished professionally. Write out your accomplishments in your career to date. Read them over, looking for patterns in your strengths and skill areas. Examine what those patterns telling you about the type of work that would make you happy and where you could continue to shine? Is your supervisor aware of all of those contributions, and if not, how can you make them known? Determine the best way to bring forward those strengths in your current work environment by including them in your discussion with your supervisor, and brainstorming with him or her how your strengths can be put to good use to further advance the organizational goals.
Thinking and acting with the employer's needs in mind can prompt a shift in everyone's perceptions of you, if you deem it worth staying on and working to improve the environment yourself. And, if you do choose to move on, having a firm grasp on what you have been able to contribute to employers in the past can go a long way to preparing you to write a dynamic resume and to interview strongly for a new job.
Well, that is a lot to think about. I have offered a few things for your consideration, and asked some challenging questions- and I am sure that there are many more that will go into your decision. Depending upon the details of your circumstances, you can weigh which of my comments apply and which you can skim over. But, having an awareness of these things may help you make very important choices and help you to plan essential steps to making those choices a reality.
Do get back in touch after you get legal advice and do this thinking abut yourself and your own goals. We at Cancer and Careers will all be cheering you on as you navigate this important step in your complete recovery.
Wishing for you to best that life offers, in health, in work, and in self-fulfillment after the victory of surviving a grueling challenge.
God Speed, Lisa.
Kathy Flora, Cancer and Careers Coach
Sue P.
Jan 27, 2017
I am in a situation identical to Lisa's. The timeframes of diagnosis and treatments are identical! Kathy, your advice was most comprehensive. Here are a few facts that relate to my personal situation. As a result of this "targeting" I am beginning to question if I have a serious decline in my cognitive ability. The toxicity is undermining my confidence and significantly increasing my mental stress. On the flip side however, I do not have the energy to put in the 55-60 work hour weeks that my profession requires, much less listen to the arguments about why I am not doing my job. There have been no economic changes in my Firm. In fact, I have brought in more revenue in the past two years after my treatment than in prior years. I have had a stellar reputation for the 20 years I have been in this field and am not ready to be bullied out of my position. What should I do?
Maddy Meislin
Jan 27, 2017
Cancer and Careers Staff Comment:
Hi Sue, Thanks for your post! You are clearly doing a great job at work, and your employer should appreciate that. Please remain confident in your ability as a valuable employee. I have passed your question onto one of our career coaches, who will respond shortly. In the meantime, here are some resources you may want to check out: - Work & cancer treatment: http://www.cancerandcareers.org/en/at-work/where-to-start/managing-treatment-side-effects/work-and-your-treatment - Recasting yourself after cancer: http://www.cancerandcareers.org/en/at-work/back-to-work-after-cancer/recasting-yourself-after-cancer - Working with chemo brain: http://www.cancerandcareers.org/en/at-work/where-to-start/managing-treatment-side-effects/working-with-chemo-brain - Exploring your options: http://www.cancerandcareers.org/en/looking-for-work/exploring-your-options - Webinar on Managing Long-Term Stress: http://www.cancerandcareers.org/en/community/videos/bwc/stress - Webinar on Working Through Treatment: http://www.cancerandcareers.org/en/community/videos/bwc/2016-webinar-treatment If you decide to seek employment, particularly with less hours, you may be interested in www.flexjobs.com. This site helps you to find telecommuting jobs, part-time jobs, and all other sorts of flexible work options. If you enter the code CANCER at the checkout you will get 50% off. Please let us know if you have any other questions and our coach will respond to you soon. Best, Maddy Meislin Associate Manager of Programs
Reebcca K.
Feb 1, 2017
Hello!
After reading the above posted comments, I don't feel so lost and alone! I too have been subject to a very hostile environment due to my breast cancer diagnosis and the FMLA in place to heal. My manager has shown clear discrimination and retaliation due to my FMLA (and its only intermittent!) and has told me that I am a burden to our department. She gave me a horrible review on my performance evaluation and no raise after one year of employment and 24 years of nursing under my belt. I attempted to transfer to another department and was offered an official offer but a few hours later, the offer was withdrawn because of my manager and the performance rating she gave me on my eval. I am now attempting to put a return to work, job reassignment request together with my physician and we are not sure how to word the restrictions/accommodation request. We listed hostile work environment and stress, anxiety and depression due to that position but the case manager is saying we need to be more specific. Can you help me with the specific wording of why I cannot return to that position? Thank you so much!
Julie Jansen
Feb 1, 2017
Career Coach Comment:
Hi Sue,
Kathy's advice was amazing and so much does pertain to your situation as well. A toxic work environment including bullying will impair anyone's clarity of thought even if they are healthy. In your case, it feels worse!
Do you have a human resources department or Employee Assistance Program that you can turn to for advice or an intervention? You didn't mention who is bullying you. Is it your direct manager or other colleagues? If there is not an objective person or party whom you can turn to internally, I highly recommend that you begin a job search in your industry with the goal of finding part-time work or at a minimum joining a company with a gentler culture. It does not seem worthwhile to dedicate yourself to an employer who is creating this kind of stress for you. It is ideal not to quit without a job because you will not be eligible for unemployment benefits however it may be a good idea to claim abuse and ask to negotiate a separation package. Again, I do not know if you work for a privately held or small firm and what the constraints might be. Most important it is crucial that you realize that you are in the driver's seat and while the circumstances are very unpleasant, you need to be the person to make the decision that is the right one for your overall well being. Best wishes!
Julie
Maddy Meislin
Feb 3, 2017
Cancer and Careers Staff Comment:
Hi Rebecca,
Thanks for your post! With something this specific and of such sensitive nature, the best recommendation we can give is that you speak with someone directly who has a legal background.
Here are some resources I think would be helpful:
- Reach out to the National Cancer Legal Services Network, they should be able to connect you with a free legal service in your area to help answer your questions: http://www.nclsn.org/
-I would recommend our article on Finding Legal Assistance (if you scroll down there is a section for if you're feeling discriminated against) which also includes some other resources that may be helpful for you: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Finding-Legal-Assistance
-Reach out to Patient Advocate Foundation. They are a non-profit organization that ptorives information on the safeguarding of patients' rights in order to assure access to healthcare, maintenance of employment and financial stability: www.patientadvocate.org
-View Triage Cancer's website at www.triagecancer.org. In particular, you may want to visit the state resources page to find legal assistance in your specific area.
I hope this helps! Please feel free to reach out if you have any other questions.
Best regards,
Maddy Meislin
Associate Manager of Programs
Valerie C.
Mar 1, 2017
I want you all to know that I work for a major retailer I was full time I worked many nights I always did my job well however there were some people that were trying hard to get rid of me they put me on corrective action accusing me of things I never did wrong well soon after that I got cancer and had to be out a year and I was told I faked my illness and I was staying home to be lazy and someone called corporate and told them this they I made up doctors names and made believe I was in certain hospitals I was questioned many times about it however I did get proof that I was really sick so make a long story short I came back and was treated badly I was talked to about performance issues and attendance issues as well I had to get many notes from my doctors for needing water at my workstation to take medicine and they took away my chair saying I don't need it and I need to stand like everyone else so I talked to my doctors about all this and they wrote a note to them I stood up for myself and I didn't back down I did it professionally and I won the people responsible for all this mess are now gone the new management team know not to mess with me I documented everything all my notes were copied and I gave them a copy so my advice is too talk to your doctors and tell them what's going on at work make them write notes about certain things and document all I have been with this job for many years and finally the truth came out and those issues went to the wind now I know not everyone has the same outcome just know that there are laws that protect you however sometimes leaving is best but you all have to make your decisions as to what's right for you
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