Posted by coral on January 30, 2003, at 16:10:31
In reply to Can you really be fired for mental illness? Vent!, posted by Alara on January 30, 2003, at 2:52:30
Dear Alara,
What state are you in? Labor laws vary significantly state by state. Also, is your employer "at will" or "just cause"? Mental illness is covered under the ADA (Federal statutes - Americans with Disabilities Act); however, an employer is only required to make "reasonable accomodations" which is open to wide interpretation.
Re: lying on the test - that would be extremely difficult to prove, due to the element of interpretation. Lying on a job application or a resume is a different matter and normally can be cause for dismissal.
Re: coming in hung-over is extremely dangerous because if your company does random alcohol or drug testing, you'd probably register as positive.
Typically, a company would not fire someone for a mental illness (short of a extreme breach, such a workplace violence - and then, termination would be for the act, such as violence, not the mental illness), however, a company can normally terminate for incompetency. What is your company's normal disciplinary procedures?
Coral
poster:coral
thread:2347
URL: http://www.dr-bob.org/babble/psycho/20021230/msgs/2365.html