Is this discrimination?

Miriamst S. on August 28, 2014

Career Management

I was diagnosed with metastatic breast cancer in April 2013. In June of that year I was hospitalized with Diverticulitis which resulted in surgery. I was placed on disability and was cleared to return to work on Sept 3  upon my return I was not returned to my regular schedule of hours and was left with a substantially reduced salary. My boss kept promising more work/hours which never materialized. I have worked ther 25 hours a week for 15 years. I was promised three days a week of employment this school year but so far no hours have been scheduled for me and the school year starts next week.  Because I only worked 25 hours a week I did not meet the 1250 hours necessary for the FMLA during the prior 12 months. My medical insurance with was being deducted from my pay check wasn't deducted because I was no longer considered a salaried employee. I almost list my coverage because I wasn't notified if this change in status. Do I have any recourse in this matter as far as getting my hours reinstated?  I was never formally notified. I returned to work assuming I had my regular hours back. I never received notification of termination either and I am guessing this is because terminating me without just cause is illegal?  I feel I'm being discriminated against 


3 Comments

Image of Sarah Goodell

Sarah Goodell

Aug 28, 2014

Cancer and Careers Staff Comment:

Hi Miriam,

Thanks for reaching out, and I'm sorry to hear about the hard time that you've had returning to your job. I have sent your question off to our legal experts who will be in touch soon. In the meantime, I would recommend that you also check out the National Cancer Legal Services Network (http://www.nclsn.org/) for advice on how to resolve your situation with your employer.

Our offices are closing early this week and are closed Monday for Labor Day, so there may be a slight delay in the response from our legal experts.

Best,

Sarah, Associate Manager of Programs, Cancer and Careers

Image of Miriamst S.

Miriamst S.

Aug 28, 2014

Thank you for the prompt response and assistance. 

Image of Monica Bryant

Monica Bryant

Sep 3, 2014

Cancer Rights Attorney Comment:

Dear Miriamist,

I'm very sorry to hear about the struggles you are experiencing.  As you correctly stated, the Family and Medical Leave Act (FMLA) does require that you work for an employer for a total of 1,250 hours in the last 12 months of employment.  If you don't, then you are not eligible for the FMLA's protections (i.e., job reinstatement and health insurance maintenance). 

That being said, you may be protected under an employment or union contract or your state's fair employment law.  For more information about your state, visit http://triagecancer.org/resources/stateresources/. 

You may also have rights under the Americans with Disabilities Act (ADA), which provides protection from discrimination based on a disability.  The federal entity that enforces the ADA is the Equal Employment Opportunity Commission (EEOC).  For more information about the ADA and other pertinent laws, visit http://triagecancer.org/resources/.  For more information about filing a complaint with the EEOC, visit http://www.eeoc.gov/employees/charge.cfm

Finally, if you are interested in hiring an attorney you may be able to find one who specialized in employment law by visiting your local or state bar association's lawyer referral service or by contacting NCLSN.org as Sarah suggested above. 

I hope that answers your questions. 

Best, 

Monica Bryant, Esq.
Cancer Rights Attorney
COO, Triage Cancer

Please note that the above information is designed to provide general information on the topics 
presented. 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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