Wrongful termination of cancer patient
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Wrongful termination of cancer patient
Diagnosed with Multiple Myeloma in
2015. I had worked with my
employer since 2003. I was
promoted several times during my
tenure and had attained the title
of Assistant Vice President. Since
my diagnosis, I was taken out of my
supervisory position, moved to
another team doing tasks that I had
never handled before. Duties just
kept getting piled on me. I said
many times that I was being set up
to fail. I was fired recently with
the reasoning of not meeting
expectations.
Asked on October 6, 2018 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is possible that if you were truly "set up to fail"--so moved into a near-impossible position--only after the employer became aware of your diagnosis, then you very likely experienced illegal disability-based (essentially, medical condition based) discrimination. Employers may not discriminate against employees due to their medical conditions, which includes demoting them, or moving them into less desirable positions or impossible positions and using that as an excuse to terminate them. If the employer was not aware of your diagnosis when this happened, then it would not be discrimination--they can't discriminate against what they are not aware of. But if they were aware, then this may well be discrimination and you should contact the EEOC about filing a complaint.
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