I just got laid off this Monday. I was diagnosed with breast cancer. Does my company have right to lay me off because the business is not doing good? They gave me only 4 weeks salary. What should I do now? Is it considered a lawful termination?
Additional information
I did not have a contract, I was an at-will employee. My company has been laying off employees since last year. Because their business was never picking up, so they kept laying off employees. I had been seeing doctors and having chemo therapies and It will be done next March. So I'm thinking that they laid me off because I was disability. I was working hard and always came back to work after chemo therapy. To me, I don't see any reasons why they laid me off.
I'm not licensed to practice law in New York so don't take this as legal advice.
Assuming you and the business don't have a contract (because you don't mention a contract), you were an employee at will. You say they terminated you because "the business is not doing good." That sounds like a perfectly good and legal reason to lay off an at-will employee.
You mention your breast cancer diagnosis but I don't understand that you think your layoff is related to it. Instead, you say they laid you off because "business is not doing good." That's often the reason people get laid off. Legal so far as I know. And four weeks' severance pay sounds pretty good to me.
If you need legal advice, talk to a lawyer who holds New York licensure and takes employment cases. I'm not licensed in New York so don't take what I say here as legal advice.
First off I am sorry to hear about your diagnosis and I wish you a speedy recovery.
This is a very fact intensive question, which likely cannot be addressed here, given the facts above. As mentioned previously, NY is an employment at will state. Hence given the financial difficulty of the company, I would wager that it will be an uphill battle to demonstrate that the termination was for purposes other than simple ecnomics. You at the very least, would need to assess whether you have any evidence supporting the assertion that you were terminated for cancer (i.e., emails, witnesses, etc.). Then you would have to consult with a labor attorney to determine if those facts and items of evidence could support a reasonable claim. For even if you were terminated for cancer, and you have no chance to prove it, you may not, as a practical matter be able to do anything about it.
I hope this helps.
Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
