Can you fire an employee with depression or anxiety?

This is common for sufferers of anxiety and depression. In addition to worrying about the health consequences of firing an ill employee, you may also worry about legal consequences involved. Can you get sued?

Can a person be fired for having a mental illness?

The Americans with Disabilities Acts (ADA) protects employees from discrimination based on a disability—including mental illnesses like depression or anxiety. That means you cannot legally be fired just because you have one of the following: a record of, or being regarded as, having such an impairment.

Can you have an anxiety attack at work?

A major part of having an anxiety attack in the workplace can be the fear that you’ll get fired. The good news is — you probably won’t. mechanism that is a hallmark of workplace anxiety. But should your worst “what if” scenario come true, the law is on your side.

Can a depressed employee be fired under the ADA?

But firing a depressed employee is not the answer. “Mental impairments” including anxiety disorders, schizophrenia, and depression can be considered disabilities under the Americans with Disabilities Act (ADA). So if your employee is in fact suffering from depression, he may be protected under the ADA.

Can you get fired for having an anxiety attack at work?

A major part of having an anxiety attack in the workplace can be the fear that you’ll get fired. The good news is — you probably won’t. The fear of getting sacked is often part of the catastrophizingmechanism that is a hallmark of workplace anxiety. But should your worst “what if” scenario come true, the law is on your side.

Can a person have anxiety and not be able to work?

Sometimes you may have such bad anxiety that you cannot concentrate on the job, get tasks done, and/or interact with fellow colleagues. You may be embarrassed by your condition and may not know what to do. It isn’t about knowing what to do, it’s about picking yourself back up and giving it another shot.

Can a company fire an employee for depression?

Last year, an AT employee lost a lawsuit for wrongful termination even though she disclosed her anxiety and depression. The judge ruled that the company had done everything it reasonably could to accommodate her and her ongoing, “excessive absenteeism,” so they did not violate the ADA.