Legal Question in Disability Law in North Carolina

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?

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

1 Answer from Attorneys

Geneva Yourse Cauley Pridgen, PA

You may qualify for these federal protections. If you believe that you were discriminated against due to your disability, you should contact the EEOC. You have 180 days (6 months) to file a complaint against your employer with the EEOC.

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Answered on 5/30/12, 8:17 am

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