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Old 06-10-2017, 05:07 AM   #1
deandj
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Default discrimination due to critical illness

I have joined my new co in 2016. Unfortunately just within 2 months of joining i was diagnosed with mouth cancer. This was at very critical and dr has said this will take atleast 3 months for recovery. I have acaccordingly informed my boss and HR detailing them about situation. I was accordingly granted immediate leave for for treatment and paid 2 months salary despite being new to co. Also i was promised fair accomodation once i return back to job. My salary stopped post 2 months as was communicated to me. My recovey was taking too much time since this was major illness and since we have invested lot of money from our own pocket i decided to resume work despite not fully recovered. This decision i have to take since we haf fallen into severe financial crisis. As per HR i also provided them with medical dr certificate deemed fit to resume work. But by the time my employers were seemingly considering me for placement i had developed severe complication again throwing me out of normal social life completely. In meanwhile since i was in financial mess i sought financial help from my employers if they can pay me salaries on human grounds so i can fund my medical cost and help my family. But they never replied nor responded to any communication. In meanwhile i furnished them with dr certificate again stating my medical complication and inability to carry normal daily routine and to be under regular dr follow up for recovery. As we have not in position to fund my treatment we decided to shift dr. Even now i have some present complication but decided to resume work trying to manage with current situation. Though now i m back to recovery but phase is too slow. Now i m almost 10 months out of job of which i was paid 2 months salary and rwst all months without pay. Its been Past 50 days i have officially informed my managers and HR to help me resume work but till date they have not made i single response and all my communication are discarded straight away. I have made a personal visit too at my off but HR had purposely gone on leave that particular day. All my request for establishing or making communication have failed. I have neither resigned nor informed about laying off. Also since cancer has affected my ability to speak i m not in position to seek job opportunities else where. They have got my replacement immediately the day i took medical leaves. My HR and boss had committed for fair placement once m back. Now they are not only abstaining from response but making undue comments pertaining my health.

I fail to understand what do i do now my company boasts of critical illness and disablement benefits to employees but actual facts are different. Also my company doesn't have probation period and i was confirmed employee right from day 1.

Now since caught with cancer i m neither in position to seek employment else where nor my employers wish to give me fair chance of employment.( though i m still awaiting response past 50 days )

Pls guide what is next option with me.

Last edited by deandj; 06-10-2017 at 09:27 AM.
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Old 06-10-2017, 03:56 PM   #2
AFFA
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Default Re: discrimination due to critical illness

I wish to inform you that as you are ready to resume work but your employer is not providing you any work therefore you may seek compensation for past 50 days as you are ready for performing your work and your employer had refused to provide you employment. You may seek compensation based upon assurance of your employer. However in any legal dispute you may have the burden to show that your employer had promised that he will accommodate you. In absence of any evidence regarding accommodation your employment agreement will govern whether your employer is liable for anything or not.

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Old 06-11-2017, 02:07 AM   #3
deandj
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Originally Posted by AFFA View Post
I wish to inform you that as you are ready to resume work but your employer is not providing you any work therefore you may seek compensation for past 50 days as you are ready for performing your work and your employer had refused to provide you employment. You may seek compensation based upon assurance of your employer. However in any legal dispute you may have the burden to show that your employer had promised that he will accommodate you. In absence of any evidence regarding accommodation your employment agreement will govern whether your employer is liable for anything or not.

AFF
Right sir,, as i was to undergo emergency medical treatment both my boss and concerned HR had verbally assured me fair accomodation. Though i have nothing in writing as a matter of trust that i relied upon. I have also raised the matter to higher senior too not complaining but seeking their intervention. My boss who had earlier mentioned for fair accomodation is now poiting unwanted questions as i never informed for seeking treatment immediately after my joining. Though i have cleared him as life is uncertain and unpredictable what answer he expects from me. I have written end no of mails and send sms to HR and my seniors but till date i have not received a single revert.
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Old 06-11-2017, 09:55 AM   #4
meetme
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Default Re: discrimination due to critical illness

By non replying or cutting on communication with employee are the employer not purposely creating a mental harrasment situation for an employee who already is under social pressure. This is sheer mentally torturing and harrasment approach of non communication adopted by my company HR and concerned people.

What needs to be done???

Last edited by meetme; 06-11-2017 at 10:50 AM.
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Old 06-12-2017, 05:32 AM   #5
Weston
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Default Re: discrimination due to critical illness

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Originally Posted by meetme View Post
By non replying or cutting on communication with employee are the employer not purposely creating a mental harrasment situation for an employee who already is under social pressure. This is sheer mentally torturing and harrasment approach of non communication adopted by my company HR and concerned people.

What needs to be done???

That might be a tough one to pursue.
Your terms of employment may govern the situation, or the company's policies if such policies are relied on by all employees and are committed to in writing.
I am sure others will comment here too based on their similar experiences.
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Old 06-13-2017, 11:46 AM   #6
meetme
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That might be a tough one to pursue.
Your terms of employment may govern the situation, or the company's policies if such policies are relied on by all employees and are committed to in writing.
I am sure others will comment here too based on their similar experiences.
Then sir how do i get out of this. I m stuck in huge dilemma as i have relied upon verbal commitments. If they would have clearly stated before i opting for treatment i would have made some arrangements and tried some alternatives. Now with current phase and circumstances i feel helpless and misguided.
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Old 06-14-2017, 01:20 AM   #7
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Default Re: discrimination due to critical illness

I have given you suggestions on this issue. Until you determine if you had a contract, then you are unemployed and need to find other work.

Even if in your locale there is a judicial scheme under which this employer might be found liable (which I doubt) you would still be expected to mitigate your damages, that is find other work.
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Old 06-14-2017, 01:30 AM   #8
meetme
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Default Re: discrimination due to critical illness

This co i was employed with recruits all employees as permanent employees and no contract or probationary employees as such. Also so as i understand since to find a solution since they could neither have denied treatment nor can ask me for work haave made wrong commitments to get rid of me. So is this what i shud understand now. Also there is no communication of my termination from HR or any person. How do know what is my fate as company people have cut off all communication.
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