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Thread: Threatened with Termination for Being Sad Georgia

  1. #1
    Junior Member
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    Default Threatened with Termination for Being Sad Georgia

    I suffer from anxiety and occasional related depression; I have been medically diagnosed and have been under some form or another of treatment for years. I usually am fine, but when I am triggered, I will tend to lose a bit of weight and become somewhat withdrawn. This may last a few weeks or months in a bad instance, until I get through the patch.

    I was triggered in March; at work, I became more soft spoken. I work for a tiny company with no HR department, so upper management immediately began asking if I was OK.

    I shared my condition, however, management soon began pressuring me about when I would be "back to the old me". Eventually, I was told in no uncertain terms: My seeming sad makes people uncomfortable and if I can't stop seeming sad, I can be terminated.

    My work does not require me to deal with customers or clients; also, I've been repeatedly told that my work is excellent, so quality is not the problem. Rather, I was told I don't seem "warm" enough.

    I recognize that this is effing bananas, to say the least, and I should be on the first thing smoking out of there; I also realize for now, its easiest to just suck it up and ask about their gallstones, their grandmoms and everything else. I am doing this - but I'm still worried that they could decide I'm not "happy" enough.

    Can these folks be sued for wrongful if I am terminated? They are under 15 employees, so EEOC (medical discrimination) is not an option.

  2. #2
    Super Moderator
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    No. You can be fired for any reason not specifically prohibited by law. No law exists that says you cannot be terminated for what they perceive as a poor attitude.
    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. #3
    Super Moderator
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    Sorry but based on what you posted, there would not be a wrongful termination.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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