Cancer Discrimination, wrongful demotion and termination

[SicReckoning]

My mother was an employee for the Oneonta, New york branch of KFC. She was a manager. In 2005 she was diagnosed with lung cancer, and informed her superior that she would be need time away from work. Her superior (the district, or regional manger) told her that she was allowed all the time she needed, and her position with the company was secure. (does this constitute an oral contract?) After 8 days in the hospital for surgery to remove the tumor, and 6 weeks at home to recover, she was going to return to work. When she spoke with the district manager again, she was informed that they had replaced her (with a man who was a convicted felon, mind you) and the only way she could continue working for them was to be a cashier, which was a significant reduction in wages. She declined to accept the position, and was terminated. She filed suit for discrimination, and lost wages from the time of her termination until the time that she began working at her current job. After almost 4 years the trial is due to begin soon. She was offered a $20,000 settlement, and KFC's lawyers told her that they will fight the suit, claiming that cancer is not a disability.

She is a single mother, now working for minimum wage, barely able to support her family. $20,000 wouldn't even put a dent in the amount of money she owes for medical costs and bills that she was unable to pay when she was out of work.

I would like some advice on whether or not she should proceed with the trial, or accept the settlement.

I, personally believe that she should continue with the trial, as the definition of a disability is a physical or mental condition that substantially limits one or more major life activities. That includes working, and my mother was absolutely unable to work while she was going through this terrible ordeal. That is my basis for believing cancer is indeed a disability.

I would hate for her to proceed with the trial, and end up losing, putting her further in debt. But $20,000 simply isn't enough.


Any advice will be greatly appreciated and I thank you for your time.

Sincerely,
Justin

 

[cbg]

That is not a call that we can make, as we do not have anywhere near all the details.

If you are dissatisfied with the lawyer she has (as indicated on the other board where you posted this) then she should get a second opinion from an attorney in her state who can access far more information than we can.

 

[theretoo]

DO NOT settle, especially on the 1st round. I hope you have your atty on your side working this with you, an employment law atty. that works with employees ONLY. Never accept a first settlement. My inclination in my similar position, is that I have no interest in accepting any settlement where the employer gets to walk away stating they did no wrong. And in 99% of settlements, that is what the employer wants. Don't give in. Hold out for litigation. The employer does not want the embarrassment a lawsuit will bring, they have no interest in your mother's health, just damage control on their end.
Hold out for litigation.