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Law Offices of Dan A. Atkerson

Cancer Sufferer Sues Texas Company for Wrongful Termination

By Dan Atkerson on April 22, 2015

A Houston man has filed a lawsuit against his employer, Lyondell Chemical Co., after the company allegedly failed to accommodate his disability during his 2012 battle with cancer. He claims he was wrongfully terminated due to his condition.

The employee’s career with Lyondell started in 1991. When he was diagnosed in 2012, the longtime employer promised coverage for his required medical leave along with associated benefits. When he returned to work, however, he found that his working environment had become overwhelmingly hostile. His supervisor reportedly engaged in several acts of discrimination against the employee and his coworkers.

The employee requested a transfer out of his department and an investigation of the discriminating supervisor, but despite multiple complaints, the supervisor was never punished. In fact, once the supervisor learned of the employee’s request for the investigation, the supervisor allegedly retaliated, causing the employee’s blood pressure to spike, which necessitated another round of medical leave.

Wrongfully Terminated for Medical Leave – What Can I Do?

Upon return from the short disability leave, the situation escalated even further. The employee was allegedly threatened with termination and later suspended without warning or reason. When he was eventually terminated, he sought legal help and sued the company for compensatory and punitive damages, including lost wages and interest.

Employers have a legal obligation to provide employees with reasonable accommodation for illness or disability. Cancer is officially recognized under the Americans with Disabilities Act and is often involved in employment discrimination claims. Additionally, severe harassment and retaliation are strictly forbidden in the workplace. If you believe you have suffered discrimination due to your disability, or if you have been fired in what you perceive to be a retaliatory act, consider contacting a skilled employment law attorney.

Atkerson LawDallas Employment Attorney

Source: http://setexasrecord.com/news/302763-worker-alleges-discrimination-harassment

Did you know? 28.6 percent of EEOC discrimination charges filed in 2014 were based on disability discrimination, totaling 25,369 charges.

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