Can an Employer Fire You for Mental Health Problems?

In many places, firing an employee solely due to illness, including mental health conditions, is illegal and considered discrimination. However, specific laws vary by location. It is important to understand your rights and seek legal advice if necessary.

Can Company Employees Fire a CEO for Alleged Drug Usage, Drinking, Smoking, or Mental Health Issues?

No, a CEO cannot be fired by company employees. CEOs operate company entities, and such actions would be improper and unlawful. Any termination of a CEO should be handled through proper HR channels.

The Case of Being Fired for a Seizure

About a decade ago, I was fired for having a seizure at the office. While a seizure can certainly be considered a form of mental health issue, the termination was not entirely legal. My seizure condition was well-known to the company, as they had hired me during an interview when I had a seizure. Given that it was an IT job, there was no concern about the job duties related to my condition. Someone higher up at the company witnessed the seizure and believed it indicated something different, leading to my termination.

A lawyer was able to negotiate for half a year’s severance pay to resolve the lawsuit, suggesting that the company may have had legal concerns over the termination’s legitimacy, but it never went to a state hearing.

Can an Employer Fire You for a Mental Health Diagnosis?

Yes, in the United States, employers can legally terminate an employee for a diagnosis alone. However, they may face challenges if the employee has a lot of legal resources or if the case is particularly egregious and attracts attention from organizations like the ACLU. Mental health can significantly impact job performance and attendance, leading to legitimate grounds for termination.

Steps to Protect Yourself

Documentation: Keep thorough records of any reports made to HR or management about your mental health condition and any accommodations requested. This documentation can be critical if you ever face employment disputes.

Consultation with Legal Experts: If you suspect discrimination due to your mental health, consult with a legal professional to understand your rights and the best course of action.

Seeking Accommodations: Provide your employer with a doctor’s note and a formal request for an accommodation. While accommodations do not guarantee job retention, they can help mitigate the impact of mental health issues on your employment.

Conclusion

Mental health issues can be a significant challenge in the workplace, but it's crucial to know your rights and take steps to protect yourself. Understanding local labor laws and seeking legal advice can help navigate the complexities of workplace discrimination.