Can I be fired for my declining work performance due to cancer

UPDATED: Sep 30, 2022

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Can I be fired for my declining work performance due to cancer

I was diagnosed with cancer back in November 2016.
I have continued to work between doctors appointments and sickness as much as possible. I have been told over and over my job will be there for me no matter what…..Now due to my declining performance and inability to be there as much as the treatments get stronger, I have been fired.

Can they legally fire me?

Asked on February 3, 2017 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Genrally speaking, an employer is free to fire an at-will employee who misses too much work since attendance is a basic job requirement. That having been said, there are exceptions if your absences are protected by: the FMLA (Family Medical Leave Act); the ADA (Americans with Disabilities Act); workers' compensation laws; state paid sick leave laws; or if you had available PTO. If any of the foregoing are applicable to your sutiuation, then your company can't fire. Otherwise, absent protection under a union/collective bargaining agreement or employment contract, your employer is free to set the conditions of employment much as it sees fit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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