Legal Question in Personal Injury in Virginia
I was diagnosed with illness last May, I spoke with my manager and was placed on intermitten FMLA. To make a long story short, I had lots of Dr. appointments, and I found out that I had cancer. I went to work the day after I found out and was called into my managers office. I was given a write up due to poor job performance. I stated that I did not understand and ask if this was due to me being out of the office due to illness. She stated that if I wasn't at the office I wasn't performing my job. I explained that I would have to continue going to Dr. because I had found out I had cancer and would have to undergo chemo. She ask me why would I want to come to work shouldn't I be at home with my family- I could die. She then said that she did not want to explain to anyone why my hair was falling out, or why I looked ill. She said I would have to take the rest of my FMLA time, and it could not be intermitten. I was terribly hurt, offended, and most of all how was I going to pay for health insurance. I went on FMLA. I could not pay my health insurance premiums, my doctor refused to allow me to return to work for that company. Do I have cause for a lawsuit?
1 Answer from Attorneys
Virginia is an an employment at will jurisidiction where an employee can be terminated for almost any reason that doesn't violate one or more of the protected categories enumerated in federal anti-discrimination law.(Having cancer or other serious illness, unfortuantely, is not included among those categories.)
Consequently, unless you were protected by a contract of employment
or collective bargaining type of agreement from summary discharge under the
circumstances described, I would have to answer in the negative, i.e.,
no viable cause for a lawsuit on these facts (in my opinion).
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