I reside in Texas and had a partail masectomy 12-23-04. I was off work only 9 days, when I returned my position as customer service rep had been changed to intake coridinator, they had moved my stuff and not forwarned me. The new job required over 60 % data entry opposed to maybe 30 % on old job. Due to surgery and radiation treatmens I was in alot of pain. I got a letter from my Dr limiting me to 4 hours data entry I gave it to my employer, but we had no meeting or were any provisions put in place how I was to spend my work day. So I continued on because I had already been told in a meeting that I would not get old job back this was my job. I told them it was physically impossible for me to do this job but they said oh well if I did not like they would hate it but we could part ways. I have filed for unemployment this is just tempory till I complete treatment, I wanted to work but they made it impossible. Do I have any legal recours? My daughter feels I do.

This sounds like a problem for your former employer on the basis of discrimination against a person who has a disability. You can learn more about disability discrimination at: www.eeoc.gov (http://www.eeoc.gov).

I reside in Texas and had a partail masectomy 12-23-04. I was off work only 9 days, when I returned my position as customer service rep had been changed to intake coridinator, they had moved my stuff and not forwarned me. The new job required over 60 % data entry opposed to maybe 30 % on old job. Due to surgery and radiation treatmens I was in alot of pain. I got a letter from my Dr limiting me to 4 hours data entry I gave it to my employer, but we had no meeting or were any provisions put in place how I was to spend my work day. So I continued on because I had already been told in a meeting that I would not get old job back this was my job. I told them it was physically impossible for me to do this job but they said oh well if I did not like they would hate it but we could part ways. I have filed for unemployment this is just tempory till I complete treatment, I wanted to work but they made it impossible. Do I have any legal recours? My daughter feels I do.

Hi.

You would be protected under the FMLA if you had filed with them when you left for the surgery and chemo, but it sounds like you did not?
Also, did you quit your job when you filed for unemployment or did they terminate you? If you quit, you may be up against a battle with your employer over receiving benefits.
As far as your employer and legal recourse, if you were not declared disabled, then you probably won't have a case, but I do wish you all the best. Sounds like you got a terrible deal at an already very difficult time in your life.
Best wishes.

You do not need to formally notify your employer of a health issue. If they know it in passing, even in a conversation, it is considered notification. Also, not all cancer is covered by ADA. However, if the cancer has side effects which are dehibilitating, it may be covered under ADA. Again, I encourage you to talk to the EEOC.