I am a single female with cancer,I been employed at the same company for 9 years. I was diagnosed with cancer 4 years ago. My employer has been playing games the whole time. Getting good reviews but not good raises. Now my position is being taken away from me, but they are calling it a promotion within the department. I have done this job for 4 years and never been written up or missed a deadline. They said I can apply for the position, but with my illnes they might not be able to be as flexible has they have been for treatments. I have my job description signed off on and also many witnesse in the workplace. Can they do this.
Thank you for any help.

1 answer  |  asked Apr 14, 2002 7:48 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You may have claims under the ADA and FMLA

Have you used the Family and Medical Leave Act to take time away from work, either at the onset of the cancer or for later treatment? If so, you may have rights under the FMLA.

You may also have rights under the ADA, although if you recovered quickly from your cancer, you might not be considered "disabled".

Either way, you should apply for the position and see what happens. If you do not apply, you will probably be treated as waiving your rights to make a claim.

Depending on the nature of the games that your employer has played with you and the witness statements, you may have other claims. We offer an initial consultation at $200.00 to explore your matter fully. If you are interested, call Cheryl at 330.665.5445, ext. 0 and she will get you on my calendar.


Neil Klingshirn

posted by Neil Klingshirn  |  Apr 15, 2002 12:29 PM [EST]

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