Fired worker was told he was ‘behind the curve’ because of his cancer, Texas suit says
A Texas man is suing his former employer after he says he was fired due to his cancer diagnosis.
In 2014, the Harris County man began working for the Dow Chemical Company as an operator, according to a federal lawsuit filed Dec. 23. In 2018, he was promoted to HR Operations Turnaround Coordinator, the lawsuit said.
Then, in November 2021, the employee was diagnosed with Stage 4 colon cancer, the complaint said.
At this stage, colon cancer has spread to other organs and tissues in the body, according to the American Cancer Society.
The employee had surgery and began chemotherapy treatments, the lawsuit said. He continued to work while receiving treatment.
By April 2023, the cancer had spread to his liver, the lawsuit said.
Then, that same month, the employee’s boss told him the company was going to be laying people off and that his position would be eliminated, according to the lawsuit.
The employee’s boss also said that his “termination was not performance based but that (the employee) was behind the curve due to his cancer.”
In May, he was again told he was being fired because of his cancer, the lawsuit said.
The employee later learned that his position was not eliminated and that he had been replaced by a “nondisabled employee,” according to the complaint.
McClatchy News reached out to the Dow Chemical Company for comment but did not immediately hear back.
The employee was “in need of various accommodations and FMLA leave,” the lawsuit said.
He has since applied to numerous positions within the company that he is qualified for, but “Dow refuses to place him into any of these positions without explanation,” the lawsuit said.
The lawsuit is asking for an undetermined amount in damages, back pay, front pay and court fees.
This story was originally published December 31, 2024 at 11:11 AM with the headline "Fired worker was told he was ‘behind the curve’ because of his cancer, Texas suit says."
