I have a family member who was let go by his employer while he was recovering from a stem cell transplant. While interviewing for his role with this company, he knew that he was going to need the transplant in the next month, and he made this clear to them in interviews and when he accepted the offer. They were very supportive initially and even pushed to get him onboarded so that he could be on their medical insurance (fortunately he didn’t need it). About one month after the transplant (also about two months into his employment), when he’s just about at his lowest point physically during the recovery, they let him go. Is this illegal for them to do (he’s in CO?) Does he have any grounds for a lawsuit?
Unfortunately, this recovery has been really brutal for him with lots of GVHD to deal with, so he hasn’t been able to look into this more or get another job. I would greatly appreciate anyone’s input on this
I suspect this question is too nuanced to get much in terms of useful answers beyond speculation on HN. You will probably have better luck on r/legaladvice or r/AskALawyer.
That said, it looks like CO is an at-will state, but it may not be that cut and dry. Consulting with a lawyer could help you understand if any relevant protections like a Covenant of Good Faith might be applicable here. Unfortunately, it looks like he may not have FMLA eligibility since the position was so new.
https://www.paycor.com/resource-center/articles/employment-a...
He should be careful to do a legal review and not sign severance paperwork, if applicable, too quickly as it may entail clauses that forgo additional rights or compensation.
I know someone who went through a medical termination under a different scenario in CA, but similarly documented and well-known by the company etc, and they sued and were able to collect a settlement, but the whole process is still a PITA, especially given the present health scenario.