Can a person lose her job if she is getting help for depression and suicidal thoughts?she really needs her job

Question

Can a person lose her job if she is getting help for depression and suicidal thoughts?she really needs her job

Answer 1

No - Well not in the UK -you'd first have sick pay ect and this can go  on for up  to  6 months I think -with docters notes as proof.Then you may be asked to come back  to work or leave permently

Answer 2

Usually no, I believe that this may be covered by the American's with Disabilities Act.  However, certain professions may be excluded from having to follow parts of the ADA act.  What initially comes to mind is a police officer.  If the person was having mental health issues and was suicidal, it may be possible for a department to suspend this person or reassign them to a non-armed role due to issues with this persons access to a weapon.

Answer 3

Not for that specific reason, but if she can not perform her job correctly, then yes. If suicidal thoughts are getting in the way of her tasks, then she can and should be fired.

Answer 4

The Americans with Disabilities Act (ADA) prohibits firing someone for a 'disability' so long as it doesn't affect their job performance.  In fact you're not required even to discuss your medical condition.

A whole sector of the legal profession has grown up since the ADA, lawyers who specialize in these cases, and who would be glad to take yours. Your employer would be required to prove to the court that your job performance fell off, and that's not always easy to prove.

Answer 5

no, I'm sure she wouldn't and I would say it would be ridiculous if she did. check her contract and see employee law advice if necessary.

there's always a light at the end of the tunnel and the best you can do is just be there for her. good luck

Answer 6

Technically, the employer can fire anyone for any reason. It does not matter. The government cannot regulate private business'. She needs to get help for depression and to correct her mind, per se. When she is coherent enough to function and then she'll have a better chance of getting back her job.

But I would also look into why she was fired. The business might have another whole different reason as why they canned her.

Though, I doubt she qualifies under the united states disability act.

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.  

Answer 7

I agree with Brittany - except that I don't think she "should" be fired - and if she worked for me I would not fire her - if she could not do her job then I might need to put her on a leave of absence until she made some progress but I try to be an employer with a heart and firing is a last resort when all else has failed

Answer 8

that will depend on the doctor you are seeing, be careful what you say to the doc. He can easily have you removed, if he thinks you will cause harm to your co-workers.

Answer 9

Has the person looked into FMLA?  The Department of Labor website is a good source to review for information on it.  FMLA stands for Family Medical Leave Act and it makes it unlawful in most cases to terminate someone if they are ill.  Of course there are guidelines that apply but I would encourage you to check up on it.

Answer 10

In the USA yes.

Example:

Arizona is a right to work state.

I can fire you and do not have to give a reason.

Answer 11

a company may be able to justify it if the person cannot perform her job properly or the safety of others is at risk. Having said that, the Disability Discrimination Act in the UK would have an impact and might prevent that. It may be worth getting some legal advice from an employment law solicitor - the Law Society have a list as does the Legal Services Commission. Many firms offer a free initial interview to identify the problem and funding. ACAS can also offer informal advice. CAB can also help.  

Answer 12

Brittany is right, having therapy is no legal reason to be fired. However, if her psychological problems interfere with the way sheperforms her job, than that would be a justification.

Also, she should be allowed to take a paid holiday for her therapy (depending on the days of holiday she has) I am not sure though, this probably depends on the state you live in.