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Can my employer terminate me because I have been diagnosed…

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Can my employer terminate me...
Can my employer terminate me because I have been diagnosed with cancer. I have never received derogatory compliments on my work performance. Matter a fact for 29 years I have received recognition from the board members telling me I am doing a good job. I live in Michigan and work full time. I am part of senior management. We are a at will employer.
Submitted: 1 year ago.Category: Employment Law
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Answered in 13 minutes by:
8/6/2017
Employment Lawyer: Michael Gonzalez,
 replied 1 year ago
Michael Gonzalez
Category: Employment Law
Satisfied Customers: 609
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.As you may know, an at will employee could generally be terminated for any reason (or no reason).There are exceptions.Michigan law prohibits employment discrimination based on race, color, national origin, sex, religion, age, disability, HIV/AIDS, genetic information, marital status, height, weight, or misdemeanor criminal arrest record. Michigan employers, even those with only one employee, must comply with the state’s discrimination laws. According to the Equal Employment Opportunity Commission (EEOC), the individualized assessment of virtually all people with cancer will result in a determination of disability under the ADA; given its inherent nature, cancer will almost always be found to substantially limit the major life activity of normal cell growth (EEOC Regulations . . . , 2011).Also, Michigan employees are protected by the federal Family Medical Leave Act (FMLA). The FMLA requires employers with 50 or more employees to provide eligible employees with up to 12 weeks off, unpaid, every year for the following reasons: to recover from a serious health condition, to care for a family member with a serious health condition, to care for a new child, or to handle certain practical matters arising out of a family member’s military service. Employees can take up to 26 weeks off in a single year to care for a family member who is seriously injured while serving in the military. Employees who take FMLA leave must be reinstated to the same position once their leave is over.Also, given your facts, there may be an age discrimination claim.These major exceptions to the at will employment policy may protect you.Please contact a local employment to protect your rights and interests.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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