My husband has cancer. His company will not let him return to work as they say it would be all he will think about and it makes him an unsafe driver. .Is this legal ?

by Deborah Clemens
(Coshocton, Oh)

My husband has been an over the road trucker for almost 10 years. The company he works for now, he was with about four years ago for a couple of years then left for more money per miles, and was called and asked back two years ago with higher pay, which tells you his driving record....


Two weeks ago while on his annual vacation, he went to the dr who sent him on to the hospital for lab work and scheduled him with a surgeon, who does general tumor surgeries and colonoscopies. He found a cancerous tumor that is too large to do surgery on until the oncologist can do radiation and try to shrink it...The oncologist said it would be approx. six weeks for the radiation, then six weeks of waiting and then after the 12 weeks, if it has shrunk, he will do surgery...

My husband has kept them informed and took release papers from the DRs. in to them when he returned from his vacation...his company allowed him to work four days when he returned..then he was scheduled for the visit with the oncologist on the following Monday and when I took him back to the dispatcher's the next day for his truck and he gave them his release back they called us in the office and we were told he cannot drive with cancer as he wont be able to keep his mind on his work...

they forced him to fill out FMLA papers after vacation when he took the first two doctors release back to work forms in as they told him they would keep his vacation pay if he did not fill out the paperwork...he gets no short term disability from his work and they told him he would have to pay for his insurance...is this legal to not allow a driver who has been released from three drs stating he can return to work, to not get to work? does he have any rights?

This to me falls under the disability act on discrimination...he has not shown negligence on the job before or since he received news he has cancer so this is just their minds creating a problem that isn't there...What is his recourse?

Comments for My husband has cancer. His company will not let him return to work as they say it would be all he will think about and it makes him an unsafe driver. .Is this legal ?

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Jul 28, 2015
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by: Anonymous

MY BELIEF IS THIS IS A CALL BY THE DOCTOR WHO EXAMINED HIM FOR HIS ANNUAL. FIND OUT WHAT THE DOCTOR WROTE ON THE/HIS REPORT. IF THE DOCTOR SAYS NO HE CAN NO LONGER DRIVE, THEN THAT IS EXACTLY WHAT YOUR HUSBAND NEEDS TO ABIDE BY.

A short story. My best friend of 45 years had colon cancer and cancerous polyps. During the first phase of chemo she went completely off the deep end. Tried to take her life twice. The chemo to shrink the tumors/polyps was horrendous. She then had to take more meds for anxiety attacks that would just cripple her. I am not trying to scare anyone but it is what it is.

After her surgery she was subject to chemo treatment every other week for five years however, this year she is cancer free. The doctors appointments for this devastating disease are many. I am not sure if it wise to keep working at any job. Some cancers people do. But colon cancer is quick if you dont get treatment.

Good luck to you and your family and my prayers will be for you both to endure this illness.

Jul 28, 2015
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Talk to a lawyer NEW
by: Anonymous

i am unsure on this one.

good luck

Jul 28, 2015
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by: Anonymous

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