Cancer Discrimination

My mother was an employee for the Oneonta, New york branch of KFC. She was a manager. In 2005 she was diagnosed with lung cancer, and informed her superior that she would be need time away from work. Her superior (the district, or regional manger) told her that she was allowed all the time she needed, and her position with the company was secure. (does this constitute an oral contract?) After 8 days in the hospital for surgery to remove the tumor, and 6 weeks at home to recover, she was going to return to work. When she spoke with the district manager again, she was informed that they had replaced her (with a man who was a convicted felon, mind you) and the only way she could continue working for them was to be a cashier, which was a significant reduction in wages. She declined to accept the position, and was terminated. She filed suit for discrimination, and lost wages from the time of her termination until the time that she began working at her current job. After almost 4 years the trial is due to begin soon. She was offered a $20,000 settlement, and KFC's lawyers told her that they will fight the suit, claiming that cancer is not a disability.

She is a single mother, now working for minimum wage, barely able to support her family. $20,000 wouldn't even put a dent in the amount of money she owes for medical costs and bills that she was unable to pay when she was out of work.

I would like some advice on whether or not she should proceed with the trial, or accept the settlement.

I, personally believe that she should continue with the trial, as the definition of a disability is a physical or mental condition that substantially limits one or more major life activities. That includes working, and my mother was absolutely unable to work while she was going through this terrible ordeal. That is my basis for believing cancer is indeed a disability.

I would hate for her to proceed with the trial, and end up losing, putting her further in debt. But $20,000 simply isn't enough.


Any advice will be greatly appreciated and I thank you for your time.

Sincerely,
Justin Dineen

[able1]

Does she have legal counsel that is taking this to trial?

It sounds as if she may have a good case. You cannot be "fired" solely for getting ill. And they did basically fire her by demoting her.

Did she get it in writing that her position was secure? Does she have a copy of the company policy?

Employers do have the right to demote or to lay off or to terminate if the help they hired is unreliable or unavailable. Harsh as that sounds, illness is considered, to employers, unreliable and unavailable.

If she accepted employment elsewhere that pays her less than what the demoted position would have paid, that could work against her in court.

It's difficult to say whether she should continue or not. It depends on her own fortitude. If she has a good attorney, it may be fruitful. Does she have an attorney working on her case?

I can't imagine what position she could have held at a place like KFC that working as a cashier would have significantly reduces her wages, unless she was upper management. Fast food chains pay barely above minimum wage, if not minimum wage. Did she accrue sick time? Vacation, Family leave time?