Ask HN: Is employment termination during stem cell transplant legal? | Hacker News Reader

Ask HN: Is employment termination during stem cell transplant legal?

6 pointsczig8 comments

I have a family member who was let go by his employer while he was recovering from a stem cell transplant. While interviewing for his role with this company, he knew that he was going to need the transplant in the next month, and he made this clear to them in interviews and when he accepted the offer. They were very supportive initially and even pushed to get him onboarded so that he could be on their medical insurance (fortunately he didn’t need it). About one month after the transplant (also about two months into his employment), when he’s just about at his lowest point physically during the recovery, they let him go. Is this illegal for them to do (he’s in CO?) Does he have any grounds for a lawsuit?

Unfortunately, this recovery has been really brutal for him with lots of GVHD to deal with, so he hasn’t been able to look into this more or get another job. I would greatly appreciate anyone’s input on this

3 things (IANAL):

I suspect this question is too nuanced to get much in terms of useful answers beyond speculation on HN. You will probably have better luck on r/legaladvice or r/AskALawyer.

That said, it looks like CO is an at-will state, but it may not be that cut and dry. Consulting with a lawyer could help you understand if any relevant protections like a Covenant of Good Faith might be applicable here. Unfortunately, it looks like he may not have FMLA eligibility since the position was so new.

https://www.paycor.com/resource-center/articles/employment-a...

He should be careful to do a legal review and not sign severance paperwork, if applicable, too quickly as it may entail clauses that forgo additional rights or compensation.

I know someone who went through a medical termination under a different scenario in CA, but similarly documented and well-known by the company etc, and they sued and were able to collect a settlement, but the whole process is still a PITA, especially given the present health scenario.

> ... he made this clear to them in interviews and when he accepted the offer.

Is there evidence of the "making it clear to them", in case it's needed for legal purposes?

Unfortunately, I’m not sure. I’ll have to ask him

Ask a lawyer. It varies from state to state, but in CA they can fire you any time for any reason. Some call it inhumane, some call it efficient capitalism, but it is what it is.

P.S. Condolences man--I had to take a year off for health reasons, but still haven't gotten another job even two years after a full recovery.

I appreciate the condolences. I’m happy to hear you’ve had a full recovery!

Find an employment lawyer. The United States and Colorado have FMLA / FML laws to protect employees from losing their job. An attorney will be able to advise.

What was the ground for termination?

I don’t know what the company said exactly, but as I’ve heard from him, it was that he wasn’t doing enough work and/or they didn’t expect it would be as bad for him as it was

Reply on news.ycombinator.com