Can a company fire a cancer ridden employee losing their battle?
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Can a company fire a cancer ridden employee losing their battle?
My friend is stage 4…can hardly breathe with oxygen….she is 51 and was daignsed 6 mths ago. Company wants to teminate her this week. She loses benefits and her life insurance
Asked on November 16, 2016 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
She can't be terminated because she is sick: doing so is likely a violation of the law (e.g. the Americans with Disabilities Act, or ADA) and she may have a legal claim for compensation. If she is fired because she is sick, she should contact the EEOC to file a complaint.
But being sick or even terminal does not mean you cannot be terminated for other, independent reasons. She could be terminated for poor performance, for absenteeism or lateness, for insubordination or violating company policy, or as part of a layoff, restructuring, or reduction in force, etc.
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