After numerous attempts to share, volunteer, offer, give and request that my company allow me to discuss my diagnosis and challenges of ADHD, Depression, Anxiety and Passive Aggressive Personality traits and how these have caused myself and others problems at work, I am now being asked to resign or risk termination for job performance, ongoing poor judgement and inappropriate conduct.

I have tried, like I said above, for 3 years to speak to my supervisor and HR in regards to this but each time it has been the same, "WE don't need you to share that information with us." Even when I would receive corrective action, I would try and explain my situation and nothing until now and more so even after suffering a panic attack in front of my supervisor at work and explaining it to their boss, only an advice to continue taking meds and try not to worry came from this person. So now all of a sudden I'm receiving medical info and job accommodation request forms from my job for the first time and I'm being fired! There are other concerns that I have with my current situation involving my job and comments made to me but do not wish to explain further.

I am on STD with my company's Insurance Company but the fact that my job is in jeopardy just complicates my symptoms. I have requested and received a complaint packet from the EEOC.

I know some of you might be saying, Why not complain louder or to someone over your boss or HR. Well I received a questionable end of year review in 2003 and when I asked for advice on how to question it I was told that would only hurt your chance for future job considerations in the company, even though you have a good complaint, if you questioned it. That was the rule for a lot of things. I just wanted to know if I have done all I could with this situation?

Thanks

EEOC's guidelines on the ADA require employers to engage in the interactive process when an employee is requesting a reasonable accommodation. It's unclear from your recitation whether, when seeking to inform your employer about your condition, you were requesting an accommodation for your medical condition.

The time to request a reasonable accommodation is not when you are receiving corrective action. An employer may consider the information as simply an excuse for your poor behavior. A reasonable accommodation is designed to allow you to perform the essential functions of the job, not to justify inappropriate behavior or poor performance. Without knowing the specific details of your situation, it's difficult to assess whether your employer acted appropriately. EEOC is in a better position to evaluate your situation since EEOC can obtain the pertinent facts from you and your employer, if necessary.

I'll try to explain a little better.

I have had to use my company's EAP services for first, depression and anxiety in 2003, to Rule out ADHD in 2004 and for complications from these in 2006. During this time I have tried to communicate recommendations and suggestions from my doctors and myself that would explain my situation and allow for open communication regarding possible solutions for work. I was only allowed to inform HR of the "Basics" of my situation even when it was causing the only problem I had at work!

I am more suspect of the treatment from my work when, like I said, All of a sudden when I explain to a new person from HR, who has informed me to resign or be terminated, the fact that my " Problem over the years" her words to me, have been caused by what I have been trying to explain, Hr now and only now has started asking for my medical information and job accommodations.

The only reason I explained I would try and talk about this during corrective actions, is because that was really the only way I could explain my situation. And even then when I would ask for help it was always left up to me. How can a person who has a challenge with communication and self esteem be expected to correct communication problems that involve VP's and Directors without some advice from the people who are judging you?

Your response has confused me. You indicated initially in your post that you had been asked to resign or you would be terminated. Is your employer now trying to obtain from you or your doctors, the information on your medical condition it needs to determine whether it needs to provide you a reasonable accommodation? Doesn't that indicate that they haven't yet finalized the decision to end your employment?

I have worked for this company for 5 + years, each time I had an issue regarding my mental health I would try and communicate this to my company through my supervisor and HR department. After receiving 4 corrective actions for Communication problems and personality issues, that could have been maintained with support, guidance and follow up they have made the decision to ask for my voluntary resignation or risk being terminated for your issues.

After explaining my situation, now to a new HR person, who also repeated what my company wanted me to do, Hr asked if I had provided any medical info from my doctors in the past since I've claimed that it started in 2003 and when I stated my situation again, then they asked for my medical info from my doctors and that I provide a Job Accommodation Request with ideas for accommodations, but they still say I should resign or risk the termination, in addition to this my supervisor explained to me that his job now was to mend and protect my reputation with his supervisor and HR so I could get a job in my field outside the company. He said he had to do this because his supervisors know people at other companies and they might say something to them because you are not liked right now and that if I did return to work my life would be a living nightmare because of work restrictions placed on me by his supervisors and himself.

I really have to be careful about what I say here so please understand that I'm trying to do my best in explaining this complicated situation that I never wanted to be in.

Thanks for any advice.

It's not clear to me whether the company is truly interested in trying to accommodate you or trying to cover their butts for not asking for this information earlier. Nonetheless, if you want to continue to work at your current company, you need to make sure that they have all the pertinent information to address whether they can provide you a reasonable accommodation that's workable. I suggest that you work with your doctors to determine the kinds of accommodation you need to be able to work without whatever problems you've suffered previously. Your doctors probably need to be fairly specific because many employers are not that knowledgeable or enlightened when it comes to considering possible reasonable accommodations. Your doctors need to communicate that to the company. Since you have indicated that you have communications issues, you may wish to have someone knowledgeable about all of this help you interact with HR.

Some employers are better than others in helping employees cope with medical, emotional, health, etc. issues. Your supervisor's statement that your work life is going to be a living nightmare if you return troubles me. You might want to consider working for a company that's known to be more supportive.

I have instructed my doctors to inform my job, through proper communication and paper work provided by my company, of my mental health issues. This was not a problem, I was happy to turn everything over.

The sad thing about this is when I recently conducted research for my company's request of job accommodations I was amazed at all the information available to me, JAN and other sites, that I never knew about in the past. ( I found JAN on my own-no suggestions from my company even now as to additional information.) I felt that I had come to the end of my rope when I suggested a couple of ideas around possible accommodations after I had informed HR and my supervisor of my ADHD diagnosis and that a lap top computer would help me out, in addition to asking for guidance through this process and was told someone in my (title of position) will not nor ever receive a lap top. After hearing this and the other frustrations that I had encountered over the years, I just quit caring about my situation because I felt that no one wanted to hear what I was trying to say about my condition. So because I now I have the feeling of fight or flight, which is a sad motivational tool, I had to suffer through the endless websites of information regarding Job Accommodations. It has helped so much but I feel it might be too late for me.

I just want to clear something up. My corrective actions have never inspired me to claim a disability like the one I have as an excuse to prolong my employment or to use it as a last line of defense. I have always been open, almost to a fault, about my challenges and how they affect my job and my life. I have been promoted 3 times in 5 years with this company, and at one time considered the best at my position in my company, I know how to do my job very good but I have the curse of ADHD and it's co-morbid sisters that have caused me problems since I could remember and I have always felt that it was and still is my responsibility to let work, friends and family know about these things so situations like this would not arise. I never expected the ignorance from a company that I have worked so hard for because I have disability.

While the company's behavior may have been less than stellar in the past, it appears your only option at this point is to provide the information on the accommodations you seek. Bear in mind your employer isn't obligated to provide the ones you want, so I wouldn't go picking out my new laptop just yet.

As you have been promoted 3 times in 5 years, it doesn't appear that you have been held back overly much by your disabilities. Your employer also may still hold you to the same standards as anyone else in your job. Allowing more mistakes is not required.