North Carolina  |  Disability Law

Legal Question

Asked on: 4/04/12, 9:37 am

Up until yesterday, I was employed by a national company for long term care. I had worked for the company as a long term care administrator for the past 8 months. After being employed for 3.5 months, I was diagnosed with stage four laryngeal cancer. Over the past few months, I have undergone 35 radiation treatments, 3 large chemo’s, a surgical biopsy and a three day hospital stay for bilateral extensive pulmonary embolism. During this period I have been out very few days even going to work on the days I had treatments. Any time away from work was approved by my immediate supervisor in advance. Over the last 2 weeks, I have heard rumblings that the company HR person had requested that I be terminated while I was out because I had not been with the company for long enough to qualify for FML. While out, the facility went thru a federal survey which did not turn out well and I have since corrected issues and formulated a plan of corrections. Yesterday, the president of the company came in making trivial complaints about the condition of the facility and I was fired. At no time have I been reprimanded or written up for job performance issues or any of this discussed with me. I feel that this all resulted from my cancer diagnosis. Does this qualify for litigation under the ADA for disability discrimination since my diagnosis of cancer?

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