deandj 29 June 2017

Employment denied due to illness

Dear sir I have fallen with cancer just 2 months post my joining of new company. Post allUnfortunately i have fallen with cancer just 2 months post my joining. This was relapse and i never knew that cancer has this DNA of repalse. I have well informed my employer about my illness and treatment plan. Post getting assurance of medical coverage as treatment cost was quite high compare to regular coverage and assured for fair accomodation once i come back i have gone ahead with treatment. However as predicated by my treating doctor i could not recover within stipulated time frame. Here post all medical test and reports doctor has indicated for full recovery within 3 months of surgery and chemo and radiation therapy. Hence i have accordingly communicated my Company HR and senior. Since i have fallen under huge financial debt despite being not recoverd i decided to join office and post submitting medical fitness certificate prior to my joining duties i have fallen with critical infection which lasted for months and unfortunately again i have to stay confined at home. But post 3 months though my infection is yet to recover i decided to join off and now my employers is not interested in hiring me back. One of the main reason for this is as i have gone partial dumb as cancer as affected my ability to speak badly and i hadci very resposible job at managerial level. They are of opinion my inability to make proper communication with different department and subordinate will have greater effect on business hence they are not interested in employing me anymore. They already have got my replacement the day i have taken medical leave. I have not been paid salary for many months and i have furnished my employer with all relevant medical documents each time of my illness. Now with huge debt burden and due to cancer and since my ability to speak had been badly affected my livelihood has become a huge challenge. My employer ( HR department)discarding all my communication straight away and not respoding to my sms or mails. Pls guide as i have huge responsibilities and i m sole earning member. Also i have huge debt on my shoulder. Any valuable guidance will be highly appreciated.

Reply Follow

66 Replies

Kumar Doab (FIN) 29 June 2017

Same Query:

https://www.lawyersclubindia.com/experts/mental-harrasment-by-employer--645766.asp

http://www.lawyersclubindia.com/experts/mental-harrasment-by-employer--645726.asp

Arjun Kohli 29 June 2017

First of all, I am really sorry for your loss. My sincerest condolences to that extent.

As far as the discontinuation of the Employment, I suggest you can file a complaint with the designated Grievance Redressal Officer or State Commissioner assigned for the purpose of discrimination with the persons with disabilities, under the Rights of Persons with Disabilities Act, 2016.

The authorities will take necessary action with regard to the situation. First, the nature of your disability shall be assessed and its impact on your job profile in that establishment. It might turn out non-substantial, in which case, you may be granted the necessary relief. However, if it is found to be substantially impacting your capacity with respect to that profile, you'd be entitled to some other job profile suitable to your present situation in which you'd be able to perform efficiently.

As to the non-payment of dues, you could file a civil suit against this Employer to recover the due amount as well as file for damages and compensation due to such non-payment of arrears. I strongly suggest you to hire a capable legal counsel to sail you through the entire process to secure your rights.

In case things do not turn out in your favour and this employment doesn't get continued or substituted in the same establishment, you could enroll yourself in the Special Employment Exchange established under the abovementioned act.

Kumar Doab (FIN) 29 June 2017

The certifying officer under the Act can guide you further.

deandj 29 June 2017

Sir very thanks for valuable inputs. Actually i had a very resposible job and got paid not so well but could say i earned decent salary. Hence i had my obligation as per my earnings. As i m out of job past 10 months and without earning we have exhausted all our savings and also have to borrow to meet our regular expenses. My HL emi too bounced and post my many request and submitting medical docs my bankers agreed for some moratorium period. I just wish to know since now i m not financially sound how could i hire a lawyer to render me services. Also other things that worry me as i m still keeping hope so as my employer takes me on aboard and hence hesitant to take any extreme step. I do not want to give them a unwanted reason to pointing fingers at me. Out of option hence i m relying on inputs by people ( legally) like you.

Kumar Doab (FIN) 29 June 2017

Request the HR/CEO/MD to realse say 80% of your dues, if any even soft loan.

Inquire about any policy that can get you salary (even in part) during the period you are unable to work say from LIC, ESIC..........

That is why I repeatedly post that there is NO Match for ESI.

It provides for salary during sickness and also coverage after retirement for self and spouse for as low as@ Rs.120/pa.

ESI could have footed the entire medical bill to the last penny.

Employee should ask for coverage by ESI.

Employer can cover.

Arjun Kohli 29 June 2017

I can understand the situation of lack of sufficient finances as is quite obvious in dealing with such a grave medical issue. To the best of my knowledge, I have provided the legal options available to you.

You could probably have a word with such Grievance Redressal Officer and explore your options. Further you can legally also apply for Free Legal Aid from the State, filing an application for the same to the Legal Services Authority in your District or State.

As far the issue of the employent is concerned, I reccomend the step with regard to the Grievance Redressal Officer because once you make a complaint, it becomes the duty of the authority established under that Act to enquire into the case at hand and take necessary action which should not cost you anything, as far as my knowledge is concerned. You could also write to the State Commissioner in charge of Disability Affairs to find out what steps you could take in this concern. I believe they can adequately assist you in getting legal aid as well.

I hope you find atleast some relief through that process.

Kumar Doab (FIN) 29 June 2017

The cancer can also cause some ailments that can be covered by the Act.

In case of Vinod the matter was sent to govt to consider cancer under the Act.

Speak to Certifying Officer under the Act for clarity.

deandj 29 June 2017

Right sir,,, i honestly value the inputs given by you people. We hold a valid orange ration card of Maharashtra and we were unaware of free cashless medical facility floated under state govt. Lack of knowledge led exhausting our hard earned savings that we could have saved for hard days. My employer boast of medical facility incase of temporary or permanent disablement ( not affiliated to Lic/esic mentioned on my employee kit ) i have even sought medical help under same but they never responded. I will seek guidance from GRO. Ur views have really helped alot and got positive vibes. Thx to all

Kumar Doab (FIN) 02 July 2017

Originally posted by : deandj
	Right sir,,, i honestly value the inputs given by you people. We hold a valid orange ration card of Maharashtra and we were unaware of free cashless medical facility floated under state govt. Lack of knowledge led exhausting our hard earned savings that we could have saved for hard days. My employer boast of medical facility incase of temporary or permanent disablement ( not affiliated to Lic/esic mentioned on my employee kit ) i have even sought medical help under same but they never responded. I will seek guidance from GRO. Ur views have really helped alot and got positive vibes. Thx to all

Get the printed version and keep it safe.

deandj 08 July 2017

Hi sir,, again seeking your valuable feedback pertaning to my employment. My co HR is again playi g tantrums and negative in response. They also seems to have blocked my mails as they r returning undelivered. Should i first approach state commissioner for discrimination due to illness / disability as being cited by my employer. I m not in position to hire or seek lawyer services due to funds constraints. Also i personally do not wish to be getting employed and join back due to all humiliation suffered till now. Requesting your valuable inputs. Also how do i approach relevant authorities if i can be guided will be of great help.

deandj 08 July 2017

Arjun Kohli 08 July 2017

https://www.ccdisabilities.nic.in/page.php?s=reg&t=def&p=cont_list_st_comm

Follow this link. You will find the necessary contacts here and there are provisions of filing online complaints as well. Good Luck in your quest for Justice!