Long Island Dad Says Hospital Fired Him When He Took Leave to Care for Cancer-Stricken Daughter

What to Know

  • A Long Island nurse is suing his former employer, claiming the hospital fired him when he took time off to care for his cancer-stricken girl
  • Daniel McCarthy says Daleview Care Center was understanding at first when Cassidy, 5, had kidney cancer, then became less understanding
  • He's seeking unspecified damages

A Long Island nurse is suing the hospital that fired him, claiming his former employer was unhappy with the amount of time he was taking off work to care for his young cancer-stricken daughter. 

Daniel McCarthy says he had to unexpectedly take a lot of time off at Daleview Care Center in Farmingdale last fall when his 5-year-old daughter Cassidy was diagnosed with kidney cancer. 

"She was in the hospital for a week," he told News 4 Monday. "She had a right kidney removal... We had to set up chemo appointments, we had to set up hematology appointments." 

At first his employer was understanding. But the more time he had to take, the less understanding they became, according to McCarthy. He filed for medical leave, the Family Medical Leave Act, at their suggestion. Then in January, they fired him.

"The writing was on the wall," said McCarthy. "They were giving me such a hard time." 

The official reason was insubordination; McCarthy said it was for speaking up about unrelated racial discrimination in the workplace. But just last year, he won a nurse of the year award, and he has countless other accolades.

"It's bogus," said McCarthy. "How could you go from recommending me for nurse of the year six months prior to this insubordination that requires a termination?"

Cassidy's prognosis is good, about 92 percent. But she knows her father was fired, and her parents have had to explain to her that it's not her fault. 

"Dan needed to take legally entitled leave -- leave that he was entitled to under the Family Medical Leave Act," said attorney Lawrence Pearson.

Daleview Center did not return calls for comment. 

McCarthy has a new job but it doesn't pay as well, and the family struggled financially when he lost his health insurance. He's filing a lawsuit for unspecified damages. 

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