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Chemo, fired, California California

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  • #16
    Port in or out is legally meaningless. What may happen in the future is as well unless her employer has made very specific comments about this. Even if "chemo brain" is to blame for her mistakes, that doesn't legally change anything. It would be nice if her employer gave her the details but they aren't legally obligated to and there are some very good reasons for not doing so from an employer's perspective.

    Unless he suffered some sort of negative result of being reassigned, it isn't legally actionable though it is odd.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #17
      I think that she mentioned the port et al because the employer hasn't been led to believe that her treatment is definitely over. They probably expected or at least knew of a distinct possibility of more schedule accommodations.

      I've seen some really good people get canned over employee jealousy before... Some bosses preferring peace and being too wimpy to tell the whiners to mind their own business. It wouldn't surprise me if they decided they'd had it with other employees complaining about the appearance of preferential treatment when they thought her problems were a PITA anyway.

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      • #18
        Does she know for fact that others have complained about her accommodations? Even still, it would be highly fact specific whether those complaints have any meaning at all. If the accommodation is causing a problem for others, it is valid and justifiable for her coworkers to point this out to management. Accommodations are not sacred and must be reasonable. If it negatively impacts her coworkers it would not be reasonable. As her current need for accommodation is now over, it just doesn't make sense that she would be fired even if her coworkers were upset about a no longer needed situation.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #19
          I will just point out here that the EEOC has repeatedly determined that an accommodation that dis-accommodates other employees is not reasonable.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #20
            Originally posted by ElleMD View Post
            Does she know for fact that others have complained about her accommodations? Even still, it would be highly fact specific whether those complaints have any meaning at all. If the accommodation is causing a problem for others, it is valid and justifiable for her coworkers to point this out to management. Accommodations are not sacred and must be reasonable. If it negatively impacts her coworkers it would not be reasonable. As her current need for accommodation is now over, it just doesn't make sense that she would be fired even if her coworkers were upset about a no longer needed situation.
            I am not sure about the verification of complaints. Her need for accommodation is not necessarily over. We won't know that until the labs verify remission.

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            • #21
              Really not seeing much of a case based on what you posted. You don't even know if her coworkers complained, what they might have complained about, and if those alleged complaints are legitimate. Assuming her employer who has been going out of their way to accommodate her when she hasn't been there very long suddenly decided to fire her because of complaints you don't know exist and for a situation which isn't necessary at this point, is a stretch. Even if she does relapse, her treatment, needs and accommodation might be very different.

              I truly understand the difficulty of trying to work and undergo cancer treatment. I went through it with my spouse and now with my Dad. Luckily, Dad is retired and only works very part time in a very flexible job with a very understanding employer. That isn't always possible.

              Your niece should file for unemployment and look into her insurance options, including COBRA.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #22
                Originally posted by ElleMD View Post
                Really not seeing much of a case based on what you posted. You don't even know if her coworkers complained, what they might have complained about, and if those alleged complaints are legitimate. Assuming her employer who has been going out of their way to accommodate her when she hasn't been there very long suddenly decided to fire her because of complaints you don't know exist and for a situation which isn't necessary at this point, is a stretch. Even if she does relapse, her treatment, needs and accommodation might be very different.

                I truly understand the difficulty of trying to work and undergo cancer treatment. I went through it with my spouse and now with my Dad. Luckily, Dad is retired and only works very part time in a very flexible job with a very understanding employer. That isn't always possible.

                Your niece should file for unemployment and look into her insurance options, including COBRA.
                I'm sure there is a lot of stuff I don't even know. I will tell her that, if there were complaints, to do her best to document them. I've found, however, that when bosses say there have been complaints they rarely say who complained or why. They stay vague. Either way, since they claim time card discrepancies, I think her first order of business is to find out if it is true she made the errors. If she did, then maybe even filing for UI will be futile.

                Again, thanks for taking the time to advise us. I truly appreciate it.

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                • #23
                  Always, always file for UI. It is free and it never hurts to apply.

                  Even if complaints were made, it would be extremely unwise of her employer to divulge who made the complaints. Not everyone is level headed and too many would use that info to retaliate against the person who lodged the complaint.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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