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Thread: Can someone be fired for having cancer? Illinois

  1. #1
    Junior Member
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    Default Can someone be fired for having cancer? Illinois

    I have a friend who has cervical cancer. This her second time around with all the treatments and everything, so it's inevitable that she will have to miss some work. She is a nanny and is not affiliated with any childcare agency. Can she be fired? Illinois is an "At Will" state.

  2. #2
    Super Moderator
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    She can't be fired just because she has cancer but she can be fired if she misses too much work or is unable to do her job at a satisfactory level due to the cancer. It seems since she is a nanny that she wouldn't qualify for FMLA.
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  3. #3
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    For whom does your friend work? Is she self-employed, working for an individual family? Her employment status will affect any rights or protection she may have.

  4. #4
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    It is extremely likely that this nanny is the family's sole employee, thereby making the employer exempt from compliance with nearly all employment laws. That being the case, the family has no obligation to extend any leave time to her and if she is unable to do her job, yes, they can fire her. However...it's also possible the family adores the nanny and may be able to find other child care alternatives when she's undergoing treatment and/or feeling too unwell to work.

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