Fired me because of cancer

Discussion in 'Driver Health' started by fixer9510, Mar 8, 2010.

  1. fixer9510

    fixer9510 Bobtail Member

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    Mar 7, 2009
    Indianapolis Indiana
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    I went and took my dot physical and thy told me i had cancer so to make a long story short my company fired me because of it what can i do about it
     
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  3. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    First let me say soory to hear that you have cancer.

    How do they know you have cancer from a simple DOT physical? That seems very odd to me. That is something that usually requires some kind of biopsy to determine unlees it is skin cancer or something that would be visible but still would usually require testing to determine.

    As far as recourse who told you that is why they fired you?
     
    simplyred1962 Thanks this.
  4. wildbill123

    wildbill123 Heavy Load Member

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    I agree, something sounds very strange. I would go to my own doc.
     
  5. HOUDINI

    HOUDINI Light Load Member

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    1st of all the dr. can only suspect cancer from a dot phys. and send you to your regular dr for more test to find out.
    But 2nd your company probably did not fire you for having cancer but rather that you did not pass a dot physical which is out of their hands because its the law no one can drive with out a dot phys. card. best bet is to not get advice on here but to talk to a lawyer, but i am guessing your only option would be to sign up for disability.
    Good luck not so much with the job, that is a small thing to worry about now...but with the cancer, that is the main thing to worry about right now.
    Keep in mind God does not get you out of every problem...but does get you through every problem.
     
    Baack, Ducks and simplyred1962 Thank this.
  6. snowbunny

    snowbunny Medium Load Member

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    Ottawa, ON
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    I don't know what kind of Cancer they told you you had...but yes, a biposy needs to be done..or maybe it already has?? you didn't provide very much info...

    But regardless od the job situation, I will be praying for you.
     
    bullhaulerswife Thanks this.
  7. fixer9510

    fixer9510 Bobtail Member

    30
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    Mar 7, 2009
    Indianapolis Indiana
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    first of all when i went in for my dot physical there was a small lump on my neck and she sent me to a specialist and he said that i had cancer so he sent me to a surgeon to do the biopsy it came back positive for cancer all this took 5 days i called my company and told them what was going on thy said thy would put me on med leave so thy did and 2 days later i was fired for not showing up for work is what the letter said so i just wanted to know if this has happen to any one else out there and were do i go from here??????????
     
  8. tmlonghorns

    tmlonghorns Light Load Member

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    Mar 12, 2009
    Gregory, MI
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    When you are on medical leave they can not fire you. They are required by law to hold your position for you until you get better. I think it varies from state to state but I think about 12 weeks is normal.
    My guess is that you are sharing all of the facts here or are confused. Could it be that you did not go through the right channels for the medical leave and when you did not show up for work they had cause? I don't mean to be negative but there are very specific steps that must be taken here. I am assuming your insurance went by by as well? Don't know of any employer who would put you on medical leave without you filing for it.
    Where to go from here? Pick up the phone or go to your employer. Sit and talk with them....only they can really answer why you got the letter.
    Best of luck
     
    simplyred1962 Thanks this.
  9. jtrnr1951

    jtrnr1951 Road Train Member

    Never give them TOO much information.
     
  10. IROCUBabe

    IROCUBabe Road Train Member

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    If you are medical leave, if they ACTUALLY did put you there, have you tried calling and straighening it out. I'd assume they'd rather get it right if you are supposed to be on med leave. If you did try calling, your next call should be to a lawyer.

    Because you have the makings of a very large lawsuit, as they violated law. And your state happens to be one of the mean workers right states, so you are probably about the be very rich if they really did fire you after you told them you have cancer because a jury or judge is not going to go 'oh they fired him for not showing up this is 100% legit!'
     
    Big Don Thanks this.
  11. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    Family Medical Leave is federally mandated and is up to twelve weeks. He's got a serious suit on his hands.

    Call the state labor board and report this. DO NOT throw that letter away. Its gold.

    Did you sign the paperwork for the FML? If they didn't offer that to you to sign and take to your doctor, they are in big trouble, providing you have been at your job for over a year with them.

    They have to give you your job back.
     
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