Teacher assistant with cancer fired for missing work

[bathroommonkey76]

Raleigh, N.C. — A teacher assistant at River Bend Elementary School in Raleigh says she was fired for missing too many days of work due to her cancer treatments.

Donna Sotomayor was diagnosed with Stage 3 breast cancer in January 2010 and says she took leave from the school so she could have several surgeries, six chemotherapy treatments and 33 radiation treatments.

She returned to the classroom in October 2010, but continued to struggle with infections and illnesses that cost her work time over the next year. She received another blow last November when a routine test showed new trouble – the cancer had spread to her spine. Doctors said she had a tumor on her third lumbar.

“I have a family. I have a lot to live for,” Sotomayor said. “And when my doctor tells me, ‘You have to go out and go through treatment immediately,’ then yeah, I'm going to do that.”

Read more here:

http://www.wral.com/news/local/wral_investigates/story/10785726/

[Justice wanted]

1. This is sad but it seems to be standard in this day. You are sick You are going to cost us money

you are gone.

[REP]

2. 50 hours short to qualify for FMLA - you'd think they'd let her put in the 50 hours

Missing all that time in 2010 and 2011 cost her hours on her FMLA, but she should have been offered either Long Term Disability Leave (which usually includes benefits) or some other solution rather than termination.

[Yo_Mama]

3. I'm guessing they deliberately fired her because she was short 50 hours.

Because they wouldn't be able to fire her if they let her work another week and a half, so they fired her while they still could.

It may well be legal, but it's definitely immoral.

[REP]

4. Been in a similar situation - not cancer though

I hope she calls her Union Rep ASAP as well as the NC Div of Fair Employment and Housing. She should have been out on LTD prior to using up her FMLA hour allotment or put on STD then LTD rather than being fired (these are independent of FMLA).

PS I won.

[Yo_Mama]

6. She hadn't qualifed for FMLA yet

This is a horrible story.

[BigDemVoter]

5. Terrifying

I'm out on medical leave right now, and I work for one of the greediest, least dependable companies (healthcare organization!) in the USA. I know they're going to try to let me have it when I go back in May, so I'm trying to be sure to be ultra-prepared. Thank god I'm a union (California Nurses' Association) employee!