Hi Teresa,

Thanks for writing to us and I'm sorry to hear about the difficulty with your workplace. I have sent your question off to our career coaches and legal experts who will get back to you soon. In the meantime, I would recommend checking out our Legal & Financial resources here: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial

Best,

Sarah, Manager of Programs, Cancer and Careers

Teresa,

So glad you reached out to us.   Your work situation has caused you such additional stress, that I can see that it is important that you get it resolved as soon as possible.

Although you don't say so, it seems that you worked for a business in great upheaval.   My assumption is that it was a small firm, one that may or may not be under the requirements Family Medical Leave Act, depending on the size of the company.  I'll leave that legality and advice to our excellent legal experts.   But let me try to address the communications and job implications for you now.

First, it sounds like you are close to the end of your initial treatments, and have been recovering long enough to regain your strength and begin thinking about working again.   Good for you!

Work identity is so closely intertwined with our personal identity, that regaining one's place in the work world does help to overcome any residual fear and disruption that occur with a cancer diagnosis.   So, it makes sense for you to want to return to normal, with your old job and your old firm.

It is also clear from what you have said, that your old firm is in disarray, and that disarray most likely does not have anything to do with you and your diagnosis.   Firings and voluntary departures of key staff are usually indications that a company is struggling, or is in the throes of a redirection or retrenching of some kind, due to marketplace pressures, financial pressures, or in the case of a privately held company, possibly both - coupled with political or family pressures.

Still, it is reasonable to expect and seek some additional clarity about your situation.   Yes, you did receive a termination notice when you were unable to return to work after 6 months.   But at the same time, you also received two other subsequent communications that indicated via e-mail that there was some possibility of reinstatement.   I am wondering if a phone call or setting up an appointment to talk with the COO would help bring the issue to a head better than continuing an e-mail outreach approach.

Have you tried to call or to book some time on her calendar?   Why not give that approach a try, especially if you are truly ready to resume your role with them.   Plan your conversation carefully to showcase not your illness, but your ability to come back strongly, adding value again to their bottom line.    If you do succeed in getting an audience, either by phone or in person, don't expect that your proposal will be immediately embraced.   In fact, it may be likely that they would respond graciously, but still use the arms length non-committal responses that they have become famous for in your book.   But, at least you will have done all you can to try to re-secure your job.  And, if they surprise you by giving you a start date, well, the effort to reconnect would be worth it. Similarly, if you are blocked from setting an appointment or getting through on the phone, then your answer is clear, though unstated.  It's time to move on.

I do want to caution you about possible assumptions about your old job.  As much as you want to believe that your job may still be there for you; the old environment and people are now changed.  You may be seeking to go back to something that no longer exists.   Would it be more productive at this time to regroup, and to reposition your skills and capabilities with a firm that can wholly embrace the contribution you can make?

In such situations, I advise a dual approach, reaching out to your past, but also gearing up a full fledged job search outside of your old firm.   If this is the route you take, seeking a strong reference, rather than reemployment from your former COO may be a positive way to come full circle for both of you.   That way, you can move on to an environment that is positive, will eagerly welcome your contributions, and where the upheaval and unrest in the ranks is not so much in the forefront.

Think about what is best for you, your family, your stress level and your ongoing health. Then, gather that confidence that got you through your treatment and recovery, and go for it!  You have lots to offer.   Now is the time to go after an opportunity that best suits your current, healthy self.

Please write back to let us know what you decide.   We have lots of resources to help you get started on a new path if that is the way you choose to go. Wishing you a time of reflection and positive decision-making so that you can move forward with the grace and dignity you deserve.

Warmly,

Kathy Flora, Career Coach

Dear Teresa,

To second Kathy above, congrats on thinking about going back to work and beginning to think about next steps! In addition to Kathy’s great suggestions, I just want to address any legal issues that you might be wondering about.  

You don’t mention if you were out on leave under the Family and Medical Leave Act (FMLA) or short or long-term disability, but unfortunately it doesn’t seem like either probably apply here. Under the FMLA, eligible employees are entitled to 12 weeks of leave time within 12 months, which can be taken all at once or in smaller segments. In order to be eligible for FMLA leave,  an employee must work for a state or local government or private employer with 50 or more employees. While FMLA requires that eligible employees are allowed to return to their same job or a similar one, based on your post, it seems like that even if you were in fact eligible, you have been on leave longer than the 12 weeks allowed.  

Disability insurance, on the other hand,  is designed to supplement a portion of your income if you need a medical leave from work. Your employer may hold your position for you during this period, since you expect to return to work. However, disability insurance does not legally require employers to keep your position open.

I’m sorry I can’t offer more information at this time, but I hope Kathy’s suggestions get you started, and please don’t hesitate to reach back with any additional questions!

Best,
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.