Q: Can an employer ask you to resign after you tell them you have cancer?? **& your also pregnant?
My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked her only if she would be able to return to work, she told them she didn't know. They asked her to resign, saying that it would be necessary so that they can get to work on her replacement asap. She felt badly, and she's extreemly emotional and she agreed. They texted to her a "letter of resignation" and told her to email it back to them. Immediately, they accepted her resignation and told her that her insurance would end by the end of this month. Are they aloud to do this knowing that she told them she would be undergong treatment within the next few months? They didn't direct her to the HR dept at all. It was handled internally. Also, isn't she protected under the disability act?
A:
Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work as soon as I'm able to do so"? - and she decided NOT to go that route because she felt sorry for the school staff? - OR does it mean that they basically conveyed to her that if she would not resign, she'd be fired? If it was the latter scenario, she should IMMEDIATELY consult an attorney.
Regarding the issue of her health insurance through her employer, she might be eligible for COBRA benefits (extension of coverage for up to 18 months after separation, provided she pays the premiums), even if the resignation was voluntary. If option was not mentioned, she should ask about it. See this informative article: https://www.businessinsider.com/personal-finance/how-to-get-cobra-health-insurance#:~:text=Private%20sector%20and%20state%20or%20local%20government%20employers,one%20person%2C%20while%20part-time%20employees%20count%20as%20one-half.
A: The size of the employer may matter. She should follow up and contact an employment lawyer right away. This was not handled correctly by the employer.
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