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Termination Due To Mental Illness

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  • Termination Due To Mental Illness

    I have been employed by the same company in Alabama for 5 years. I suffer from uni-polar (severe) depression and severe social anxiety disorder. These disorders have caused me to miss many days of work over the past 5 years, but I was never reprimanded until about 8-9 months ago when I informed my employer of my illnesses. I informed my employer that I was seeing a counselor, psychiatrist and was beginning a medication regimine. After that I began to get written up for missing work. I have been suspended from work twice with my return being authorized by my doctor or counselor. I fully understand that employees are required to be on time and present and also that an employer has the right to terminate due to tardiness or abscence. In my situation though, where I am getting help for my illnesses and have informed my employer of all details can they still lawfully terminate me for tardiness or abscences?

  • #2
    Yes, they can. The fact that you have a documented illness that may qualify you for ADA protection does not exempt you from following company policy.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      If there are 50 or more employees at the site you work at or within a 75-mile radius of where you work, you likely qualify for leave under the Family and Medical Leave Act. With substantiation from your doctor, you may take FMLA on an intermittent basis. You should discuss this with your employer.