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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am having an up coming surgery which may be due to cancer.

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I am having an up coming surgery which may be due to cancer. I live and work in fl. I have beem employed here for 5 years and out of the blue I have been put on a work plan due to poor performance. It came shortly after I advised my manager of my health problem. I am 55 and feel I am being discriminated against due to the possibility I may have ovarian cancer. I have 30 days to correct the alleged problems they have with me. Any advise? To top it off, I have worked 50 to 60 hours a week for the last 5 years without pay.

Thank you for your question. Please permit me to assist you with your concerns.

Please allow me to say that your situation particularly hits very close to home, and I wish you the best luck and the best treatment that you are able to obtain. Hopefully it will be nothing and you will be able to resolve this with minimal concerns.

Having said that, please allow me to answer your question. As someone who I assume informed he employer of these concerns, you may want to consider contacting your HR and filing a complaint with them. In addition you may want to also contact the EEOC and file a grievance with them over disability discrimination and retaliation. An employer can place you on a PIP if there is cause, but if it is caused by disability or as a blow-back to it, that violates the ADA and the state laws. Before you file it may be wise to discuss it with HR and investigate concerns, and if they refuse to remove the plan, then file directly first with the EEOC so as to maintain your options going forward.

Good luck.

Customer: replied 3 years ago.
I am sorry, who is the EEOC, and I can't find anything in my employee handbook on how to file this. should I just send a letter to HR asking them to remove this plan they put me on first.thank you


I am sorry about that. The EEOC is a federal commission, specifically the "Equal Employment Opportunity Commission". You can find their information at, and you can find their closest location to you there as well.

Good luck.

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