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  1. #1
    Join Date
    Apr 2012
    Posts
    4

    Unhappy Cancer Patient Health Discrimination

    My question involves labor and employment law for the state of: IL

    Hello,
    My Husband was diagnosed with cancer and went on short term disability for six months. Prior to his cancer he was recommended to be a director of a center, however after his return he was asked to join part time which he accepted. Since then:

    1) He is working more than 40 h but paid only for 20h /week.
    2) He is threatened to continue doing so because of his medical disability and non-immigrant visa status by his immediate supervisors.
    3) He tried to report to his division head but got turned down.
    4) His supervisor is trying to issue wrong warning to get him fired. He had openly stated that he will get him fired soon.

    The only hope of my husband survivor is in this country because of the advance medical expertise available. But this has resulted in enormous stress to him.

    My question is can we file a case for abusing his medical condition, wages discrimination (as my husband is actually working for more than 40h/week but still paid for 20h/week) and double diversity.

    Thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Cancer Patient Health Discrimination

    If you are saying he is illegal and working without authorization, you will find little in the way of legal resolution. The system does not reward criminals who complain they are being treated unfairly. It deports them.

  3. #3
    Join Date
    Apr 2012
    Posts
    4

    Unhappy Re: Cancer Patient Health Discrimination

    Quote Quoting diligent72
    View Post
    My question involves labor and employment law for the state of: IL

    Hello,
    My Husband was diagnosed with cancer and went on short term disability for six months. Prior to his cancer he was recommended to be a director of a center, however after his return he was asked to join part time which he accepted. Since then:

    1) He is working more than 40 h but paid only for 20h /week.
    2) He is threatened to continue doing so because of his medical disability and non-immigrant visa status by his immediate supervisors.
    3) He tried to report to his division head but got turned down.
    4) His supervisor is trying to issue wrong warning to get him fired. He had openly stated that he will get him fired soon.

    The only hope of my husband survivor is in this country because of the advance medical expertise available. But this has resulted in enormous stress to him.

    My question is can we file a case for abusing his medical condition, wages discrimination (as my husband is actually working for more than 40h/week but still paid for 20h/week) and double diversity.

    Thank you
    Also I found yesterday from my husband that his supervisor is trying to put deadlines in a way to get data by hook or crook. They have a history to forge data. My husband had denied to do so hence he is being a soft target

    Please say if we should get any help. We do not want to fight but just want to be left alone

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cancer Patient Health Discrimination

    Please answer a few questions.

    How long has your husband worked for this employer?
    How many employees does the employer have within 75 miles of his location? If you don't know, is it over or under 50?
    In the 12 months immediately preceding the leave he has already taken, did he work a minimum of 1,250 hours?
    Do I correctly understand that he has taken at least six months of medical leave already? How long ago was that?
    What is the status of his visa? What visa is he on?
    Is he paid by the hour or on salary?

  5. #5
    Join Date
    Apr 2012
    Posts
    4

    Default Re: Cancer Patient Health Discrimination

    Dear cbg,
    Thank you for taking time in responding to my pledge.

    => How long has your husband worked for this employer?

    My husband initially colaborated with this employer since Feb 2007. He was officially hired in sep 2009 by this employer.

    => How many employees does the employer have within 75 miles of his location? If you don't know, is it over or under 50?

    Employer is a big hospital with research capability. I say more than 1200 employee alongwith more than 50 researchers.

    => In the 12 months immediately preceding the leave he has already taken, did he work a minimum of 1,250 hours?

    He underwent surgery for his cancer removal for which he requested short term disability leave in August 2010. Till August he was responding directly to the Division head. In his initial offer there was no one between him and his Division head. However when he returned he was informed to work under his supervisor who do not have any experience in his field. He was hired part time in feb 2011. Initially it was said that this is performance evaluation with extermelly difficult goals. This supervisor personnally told me (as I was driving him till March 2011) that We should go back to our country.

    However, my husband worked irrespective of his chronic pain and disability to meet his goals. During this initial six months he was verbally abused and threatened for his medical conditions (e.g he need to buy catheters so he was always told that keep on working part-time as this is letting you buy those cheaper through health inssuance). They absolutely know that we cannot survive without this job and hence intentionally continued him part time.

    At the time of six month evaluation he was intentionally underestimated and forced him to sign papers for further performance evaluation for another 6 months. In Nov 2011 he informed about these verbal threats from his supervisor to his division head and who confirmed that he will look in to it. But things never changed.

    My husband completed another 6 months in January 2012 still they came up with a justification that performance criteria doesnt met and tried to give him one final warning. Which my husband said he will contest. With this statement my husband supervisor wrote him an apology email and gave another 3 months performance evaluation period ending in June 2012.

    Since then these peoples are not allowing him to buy supplies to do work. Issuing non-relevent warnings for human errors. This might results in his loosing job.

    => Do I correctly understand that he has taken at least six months of medical leave already? How long ago was that?
    My husband took six months off from August 2010 to Feb 2011. After that he is regularly working in his lab.

    => What is the status of his visa? What visa is he on?
    My husband visa status is H1B. His permanant residency has been applied. He still need to work for this employer for another 180 days.

    => Is he paid by the hour or on salary?
    He is working part-time on salary (biweekly salary)

    Please forgive me for my poor english and accept my gratitude once again in responding to my urge. Sorry if I have written a long email. We do not want to fight. Everyone knows that we cannot stand any fight. All I am concerned is that my husband is terminally sick. The only chance he is having to extend his life is through the expert doctors we have here in USA. Wish if we can survive these 180 days and then leave quitely to another employer.

    => Separately my husband has discovered that this supervisor is manupulating data. (example they do experiments. His supervisor has communicated papers with data for which they do not have instruments to analyze the concentration. They kept my husband in this paper. therefore he asked for the data sheet for which they refused to provide one. My husband situation is such that he cannot refuse to not to be part of this scam in the name of research).

    Gratefully yours

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cancer Patient Health Discrimination

    I do not mean this nastily or rudely. It's only meant to help me understand.

    If he is only working part time, why do you believe that he should be paid as if he were working 40 hours per week?

  7. #7
    Join Date
    Apr 2012
    Posts
    4

    Default Re: Cancer Patient Health Discrimination

    Many Thanks for getting back to me. My Husband always wanted to work full-time. But he is offered part-time position with a goals that cannot be met unless he work for more than 12-18 h per day. As I mentioned due to our Visa and health circumstances they are just exploiting him. They are forcing him to work more than 60-80 h per week but do not want to pay him. When he politely asked them to convert his position to full time. They bluntly told him that look for some babysitting job for your wife. I am on H4 visa hence I cannot work.

    => I understand that on part-time he should not be paid for 40h/week. But do you think this is a case of sheer wage discrimination when the employee want to work full-time, employer giving him full-time work-load but not paying him for his actual efforts.

    Again I do not know legal things. I have read many of your response and respect you. I do not expect that I will find right answer. BUT ONE SUCH CANCER FORUM HAD SAVED MY HUSBAND LIFE. They navigated us to right treatment.

    => With the same hope I am writing to you. Kindly provide us a solution to our situation with your knowledge.
    God bless you and yours

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