Q: I was fired for missing work due to having cancer and getting surgery. Do I have any options?
In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I was fired.
A: More information is needed to answer your question. You should reach out to an Oregon employment attorney to discuss the communications you had with your employer leading up to and during your medical leave, as well as how you took the time off (ex. whether you used FMLA leave, paid time off, unpaid leave, etc.).
A: It is not clear what you mean by "at that time I felt I was fired", but you most likely have a claim for FMLA/OFLA retaliation and potentially OSTL retaliation. I highly recommend contacting an employment law attorney in your area to discuss your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
