Jonathan Larson, 19, was diagnosed with brain and spine cancer. He had undergone several rounds of radiation but needed to go back for more surgery. Larson worked as a delivery driver for Rosebud Restaurant in Naperville, a suburb of Chicago. He asked his boss at the restaurant if he could have six weeks off for the surgery; he should be back no later than that.
In response to his request for this life changing surgery, Larson's manager responded, “No, by that time I'll already have another driver hired. Just leave, I have to make some phone calls.
Larson had been terminated because his cancer diagnosis required surgery. He commented that he felt “disrespected and demeaned” because he had cancer. Rosebud declined to comment citing employee confidentiality.
In California, employers are mandated to engage in an interactive process to determine if there is any accommodation that will aid in the employees' continued or future success with the company. A leave of absence, especially one that was estimated for only six weeks, may have qualified for a reasonable accommodation.
Does Jonathan Larson's story sound familiar? Have you experienced anything like it? Contact an Aegis attorney.
Source: NBC Chicago