# My Brother Has Cancer, Has Been Fired. Advice? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [September 16, 2019, 9:46pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350 "2019-09-16T21:46:20Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [September 16, 2019, 9:46pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/1 "2019-09-16T21:46:20Z")
Tommy lives in Florida. He just told me he has cancer (type he won’t reveal) and has been fired for taking too many sick days. Several operations (I first heard of them today) & an Interferon treatment. **His Boss fired him today.** Too many sick days. He owes a lot on his house. How much, he won’t say. My finances aren’t great either. Advice, please? ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [September 16, 2019, 9:54pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/2 "2019-09-16T21:54:44Z")
A consultation with a disability rights attorney is first on the list. Hugs to you and your brother. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [September 16, 2019, 9:58pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/3 "2019-09-16T21:58:30Z")
I agree that an attorney consultation is probably the best first step. (Perhap the American Cancer Society can recommend someone?) But there’s also using the media to shame the employer. ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [September 16, 2019, 10:17pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/4 "2019-09-16T22:17:07Z")
Oh, that’s sad. Get a lawyer may be all you can tell him. He might want to look into selling his house. I’m so sorry this is happening to your brother. ---
**Author:** ![kopek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kopek/32/337_2.png) [@kopek](https://boards.straightdope.com/u/kopek)\ **Post date:** [September 16, 2019, 10:32pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/5 "2019-09-16T22:32:21Z")
> [@nearwildheaven](#): > > A consultation with a disability rights attorney is first on the list. > > Hugs to you and your brother. Seconded both actions. You will be in our thoughts and get a lawyer on it. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [September 16, 2019, 11:06pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/6 "2019-09-16T23:06:25Z")
> [@](#): > > The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons.[1] The FMLA was a major part of President Bill Clinton’s first-term domestic agenda, and he signed it into law on February 5, 1993. The FMLA is administered by the Wage and Hour Division of the United States Department of Labor. > > The FMLA allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to care for a new child, care for a seriously ill family member, or recover from a serious illness. The FMLA covers both public- and private-sector employees, but certain categories of employees, including elected officials and highly compensated employees, are excluded from the law or face certain limitations. In order to be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least fifty employees. Several states have passed laws providing additional family and medical leave protections for workers. > **[Family and Medical Leave Act of 1993](https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993)** > > The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill Clinton's first-term domestic agenda, and he signed it into law on February 5, 1993. The FMLA is administered by the Wage and Hour Division of the United States Department of Labor. > The FMLA allows eligible employees to take up to 12 work weeks of unpaid ... ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [September 16, 2019, 11:11pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/7 "2019-09-16T23:11:22Z")
FMLA only applies to companies with more than 50 employees. So a lot of small employers do not count. I’m not trying to politicize OPs trauma, but I guess OPs brother is not one of those people who ‘loves their health insurance they get through work’ that politicians keep talking about. Once you get sick you get fired, and lose your insurance. Wonderful. Sadly OPs brother may have to sell his house. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [September 16, 2019, 11:44pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/8 "2019-09-16T23:44:10Z")
His best bet is to get real practical immediately. - See a lawyer - Contact the State labor commission if there is one - Get his house on the market right away - Contacting the press about how awful his employer is will not go over well. Contacting them about a fund raiser to cover his medical treatment will, and will also inform any customers of what the company has done. - Put in an application for his State Medicare right away. - Apply for jobs with large businesses that would be required to cover him. If he did not apply for FMLA and get approved for it then he may not be covered. There are all sorts of picky little forms and deadlines that employers can use to absolve themselves of responsibility. Stay in touch daily if you can, and be understanding but encouraging. Help him keep moving on all these fronts; it will stave off the worst losses. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [September 17, 2019, 12:39am UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/9 "2019-09-17T00:39:03Z")
There’s a chance he might be protected by the Americans With Disabilities Act. But if he was as closed-mouth with his employer as he was with the OP, he might have lost the chance to go on the record. Either way I\* n\*th the recommendation to see a lawyer. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [September 17, 2019, 4:53am UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/10 "2019-09-17T04:53:01Z")
If they didn’t walk him out, he should go in to HR and file for disability. He should also find an attorney. I know some on the West Coast, if your brother is out this way. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [September 17, 2019, 1:14pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/11 "2019-09-17T13:14:15Z")
> [@Bosda\_Di\_Chi\_of\_Tricor](#): > > He just told me he has cancer (type he won’t reveal) and has been fired for taking too many sick days. > [@Kent\_Clark](#): > > There’s a chance he might be protected by the Americans With Disabilities Act. But if he was as closed-mouth with his employer as he was with the OP, he might have lost the chance to go on the record. Either way I\* n\*th the recommendation to see a lawyer. This. sick leave abuse is not something that happens overnight. Typically you’d go thru your days & then get some warning. How much/little has he told his employer if he won’t even tell his brother specifics of what type of cancer he has? If he hasn’t told them I’d first go back to them & see if he can get disability or FMLA. If that is unsuccessful then I’d contact a lawyer. ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [September 17, 2019, 9:15pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/12 "2019-09-17T21:15:10Z")
He may have been lying about the reason. According to my Sister, who lives near him, he acts like a jerk at work, over & over again, & gets fired. Also, he used to mooch off my poor old Dad. My Sis pretty obviously suspects that the cancer claim could be a come-on, to gert cash out of me. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [September 18, 2019, 2:07am UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/13 "2019-09-18T02:07:49Z")
> [@Bosda\_Di\_Chi\_of\_Tricor](#): > > My Sis pretty obviously suspects that the cancer claim could be a come-on, to gert cash out of me. I don’t want to sound too cynical, but if this is the case, your brother should definitely see a disability lawyer. Preferably one who advertises in the middle of the day on courtroom TV shows, repeating their phone number three or four times in each ad. The hard truth is, your brother has a better chance of getting a big score from his employer than he does from a family member. ---
**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\ **Post date:** [September 18, 2019, 3:41am UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/14 "2019-09-18T03:41:30Z")
> [@Bosda\_Di\_Chi\_of\_Tricor](#): > > He may have been lying about the reason. > According to my Sister, who lives near him, he acts like a jerk at work, over & over again, & gets fired. > > Also, he used to mooch off my poor old Dad. > > My Sis pretty obviously suspects that the cancer claim could be a come-on, to gert cash out of me. So he’s that Florida man we keep hearing about? 🙂 Seriously which is worse? That he has cancer and was fired or that he’s a relay who would try to scam you? ---
**Author:** ![Fleetwood](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fleetwood/32/271_2.png) [@Fleetwood](https://boards.straightdope.com/u/Fleetwood)\ **Post date:** [September 18, 2019, 10:44am UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/15 "2019-09-18T10:44:30Z")
> [@Wesley\_Clark](#): > > I’m not trying to politicize OPs trauma, but I guess OPs brother is not one of those people who ‘loves their health insurance they get through work’ that politicians keep talking about. Once you get sick you get fired, and lose your insurance. Wonderful. It seems to me that you are trying to politicize it. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [September 18, 2019, 12:07pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/16 "2019-09-18T12:07:57Z")
Well, there _is_ a political fix to this problem, is there not? If we don’t want to live in a world where people can go bankrupt because of cancer, and history has shown us that _only_ political fixes can solve this problem, then why not propose a political solution to a very real crisis? ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [September 18, 2019, 9:35pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/17 "2019-09-18T21:35:23Z")
I passed your suggestions on to him. I tried to keep my call upbeat, he still did not accept any money, & seemed down. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [September 18, 2019, 10:12pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/18 "2019-09-18T22:12:57Z")
> [@Bosda\_Di\_Chi\_of\_Tricor](#): > > I passed your suggestions on to him. > I tried to keep my call upbeat, he still did not accept any money, & seemed down. If it turns out your brother does have cancer and did get fired for taking too many sick days, then I retract my previous post and hope he finds an aggressive lawyer who will fight for him. And he and you both have my sympathy. ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [September 18, 2019, 11:25pm UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/19 "2019-09-18T23:25:41Z")
> [@Fleetwood](#): > > It seems to me that you are trying to politicize it. Bringing up the fact that our health care system is fucked up isn’t politicizing it. This is a major flaw in how our system works. If you get insurance through work, once you get too sick to work you lose your insurance. I"ve seen it happen and heard of it happening endless times. Yeah you can get cobra if you can afford it, and maybe you qualify for ACA subsidies. But maybe not. If you’re ‘lucky’ and end up totally disabled you can go on medicaid. But there is a window where you are sick and uninsured. Its a massive flaw that needs to be addressed. Health insurance that disappears once you are too sick too work defeats the purpose. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [September 20, 2019, 2:32am UTC](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350/20 "2019-09-20T02:32:27Z")
> [@Sunny\_Daze](#): > > If they didn’t walk him out, he should go in to HR and file for disability. Doesn’t everybody who gets fired or laid off get walked out nowadays? Sent from my SM-G950U using Tapatalk [Next page](https://boards.straightdope.com/t/my-brother-has-cancer-has-been-fired-advice/840350.md?page=2)