Woman Files Suit Against Employer Who Fired Her Hours After Cancer Diagnosis

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Oldgamer

Diamond Member
Jan 15, 2013
3,280
1
0
If you watched the video in the OP's article, at 25 to 40 seconds they show the exterior of her work place and a picture of her in her office and it looks like the main office for an apartment/condo complex. Through google search and BBB search, It appears the S37 management manages two complexes, The Mansions Apartments and The Mansions of Mountshire, neither are super large and combined around 600 units.

http://shiremanagementgroup.com/Apartment-Properties.aspx

If the management company uses 1099 contractors for cleaning, landscaping, and possibly maintenance, then the employee count for the management company will be very low(possibly under 15 for both complexes) because 1099 contractors don't count as employees.


I am pretty sure that the attorney would not be taking her case, nor have filed suit if this were the case. Attorney's who handle this type stuff will let their potential client know if they have a case or not. Her attorney states in the article that what this company did was illegal.
 

davmat787

Diamond Member
Nov 30, 2010
5,512
24
76
Sounds like that company didn't have Short Term Disability insurance.

I have 6 months for short term at 100% pay and after that long term that pays 60%. Currently I've been out on short term (rotator cuff injury/surgery) for almost 3 months and most likely won't return until sometime in April.

This.

The PR backlash they will be hit with is going to be enormous. Will not be surprised if she is offered severance, her job back, .etc.

Sorry to hear you are out on short term. I had to go on that too after an 80 pound box fell on my head and blew some discs out in my neck along with a host of other problems arising from the accident. Now on long term, which really sucks but at least I can say it's private insurance that was a benefit and part of my compensation.
 

Londo_Jowo

Lifer
Jan 31, 2010
17,303
158
106
londojowo.hypermart.net
This.

The PR backlash they will be hit with is going to be enormous. Will not be surprised if she is offered severance, her job back, .etc.

Sorry to hear you are out on short term. I had to go on that too after an 80 pound box fell on my head and blew some discs out in my neck along with a host of other problems arising from the accident. Now on long term, which really sucks but at least I can say it's private insurance that was a benefit and part of my compensation.

The company I work for pays for the short term and long term at 40% as part of my benefits. I pay $7 a month for an additional 20% long term to give me a total of 60% long term.
 

brycejones

Lifer
Oct 18, 2005
30,158
31,160
136
I was in the same position. I have short term disability for all of my employees, so when it came to be too much of a burden on my staff to cover for the sick person, we hired a temporary worker from an agency and covered for her. When the sick employee was ready to come back, we sent the temp worker back to the agency.

Holy crap batman, you did what a responsible business owner does. #1 covered your potential exposure and #2 actually had a policy and implemented it.

Company in the OP sounds like a disaster waiting to happen.
 

dmcowen674

No Lifer
Oct 13, 1999
54,889
47
91
www.alienbabeltech.com
To sum it up: Did they do anything wrong? Morally? Sure. Rules of the book wise? Nope. Morality comes into play when said company wants to make good profit margins and attract good employee's. They are shooting themselves in the foot overall with media situations such as this.

Not cancer but my first job after school I was working in a food processing plant.

My Grandfather died and my parents came to pick me up.

The lady that ran the place had me come into her office, she said unless it was my own funeral I was fired.

I didn't say anything. I was just stunned and turned around and left and told my folks what just transpired.
 

trenchfoot

Lifer
Aug 5, 2000
16,015
8,606
136
In an ideal world, loyalty to the company one works for is met with loyalty to the employee by the employer. It makes for stability, good morale and a place where the employees are more than willing to go the extra mile when asked and the employer is more than willing to acknowledge that and compensate accordingly.

The company that fired the sickly lady is the quintessential antithesis of the aforementioned and I really can't see how they're going to keep the employees they already have, let alone having them give their best effort to make that company competitive and successful. I bet at least some of their employees have seen the writing on the wall and are at this very moment looking to work somewhere else that offers better job security.

You don't keep good employees that are in demand by the competition by firing one of them the moment they fall ill.
 

Abakus

Member
Jan 29, 2014
35
0
16
How horribly sad. That would really suck being diagnosed with cancer and then immediately lose your job. Damn. :(

I was in the same position. I have short term disability for all of my employees, so when it came to be too much of a burden on my staff to cover for the sick person, we hired a temporary worker from an agency and covered for her. When the sick employee was ready to come back, we sent the temp worker back to the agency.

:thumbsup:
 

MagickMan

Diamond Member
Aug 11, 2008
7,460
3
76
One of my employees has a daughter with leukemia, and the amount I've paid out of pocket, that the insurance hasn't covered, is substantial. However, they're your people and that's what you do.

It's not an obligation however, and if companies don't choose to go that extra mile for their employees, it's their choice, but karma's a bitch and it often comes back to bite them in the ass.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
I love how everyone rants even though they have less than half the story.

My money is she used up all of her sick and FMLA time, so the company let her go AFTER they made her a very kind offer.
 

dawp

Lifer
Jul 2, 2005
11,347
2,710
136
I love how everyone rants even though they have less than half the story.

My money is she used up all of her sick and FMLA time, so the company let her go AFTER they made her a very kind offer.

not according to the news story:

Doctors sent her employers letters about her illness and her possible need for some significant time off for chemo, radiation and surgery. Less than two hours after getting that letter, Madonia says her boss called her in to the office, suggested she resign and offered to pay six months of COBRA if she signed a separation letter. Then they terminated her.

they fired her just 2 hours getting a letter informing them she would need time off.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
not according to the news story:



they fired her just 2 hours getting a letter informing them she would need time off.

?

Where does that dispute what I said? She could have used up her sick time and FMLA before that letter. Which would make a lot more sense than firing her with no notice, after making her an offer.

Do you guys ever think your posts through or do you just go with the faux rage whenever possible?
 

dawp

Lifer
Jul 2, 2005
11,347
2,710
136
knowing how some of these property management companies operate, it would not surprise me that it was a knee-jerk reaction to the letter.
 

Phokus

Lifer
Nov 20, 1999
22,994
779
126
How many of you actually employee people?

Let me speak from experience as I do employ people. And I have had an employee with health problems.

Initially she needed a little time off. It put us in a bind but we gave it to her. Then she needed more time off, but we didn't want to fill her position so we sucked it up. Then we started shuffling employees around...and she still needed more time off. Days turn into months and we are stuck holding our dicks in our hands while this person is not working. Bottom line - I am not willing to lose my house, investment, business, or do extra work because an employee has a problem. If my business folds they wouldn't have had a job anyway.

Be nice to a certain point... but don't let them take advantage of you. Don't just hold a place because I am sure if an employer offered them a buck and hour more they would jump ship.

Cancer treatment = taking advantage of. And this is why the country is going into the crapper.
 

trenchfoot

Lifer
Aug 5, 2000
16,015
8,606
136
One of my employees has a daughter with leukemia, and the amount I've paid out of pocket, that the insurance hasn't covered, is substantial. However, they're your people and that's what you do.

It's not an obligation however, and if companies don't choose to go that extra mile for their employees, it's their choice, but karma's a bitch and it often comes back to bite them in the ass.

Agreed. The company set an example for the other employees to judge the company by. I've lived long enough to ascertain that what goes around really does come back around, and it usually comes back around with a vengeance too. ;)

I love how everyone rants even though they have less than half the story.

My money is she used up all of her sick and FMLA time, so the company let her go AFTER they made her a very kind offer.

Definitely possible as I've seen this happen before too and I will keep that in mind whenever I read or hear about incidents like this in the future. However, it's my sense that what you postulate would have been prominently mentioned in the article as it would have been a significant defining factor in how the incident played itself out.

I'll definitely try to find out if what you say is true. Thanks for pointing that out.