QUESTION
Do I have any recourse if I want to file a suit against a former employer who fired me because of my cancer?
Asked on Apr 06th, 2014 on Labor and Employment - California
More details to this question:
I could not call out the day I was out then they fired me. This was in 2009.
5 ANSWERS
2009? You are likely too late to sue. You should consult with an attorney that handles handicap discrimination cases.
Answered on Apr 23rd, 2014 at 5:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Two things. First, if there were a cause of action, it is likely that the statute of limitations has run. Second, I suppose you could have an FMLA claim, but if you got your 12 weeks of unpaid leave and still couldn't work, the employer could terminate you because you couldn't do the job. If the employer had less than 50 employees, FMLA does not apply. So the answer is probably not.
Answered on Apr 09th, 2014 at 11:34 AM
You should immediately contact an attorney to determine if you may have any viable claim that is not beyond any applicable statute of limitations.
Answered on Apr 08th, 2014 at 7:01 AM
Administrative Law Attorney serving Pasadena, CA
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License Advocates Law Group LLP
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The time limits for a legal action against the employer on these facts has passed, I am sorry to say.
Answered on Apr 08th, 2014 at 7:01 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You might have recourse under the California Fair Employment and Housing Act. You should talk to a local attorney who specializes in wrongful termination cases. However, one possible problem is that it may be too late to file a lawsuit, if this happened in 2009.
Answered on Apr 08th, 2014 at 7:00 AM