Approaching possible mental breakdown...how to protect job?

[imachristian13]

What is the name of your state? I live in Maryland but work in Delaware.

In a very small nutshell, I am diagnosed since age 22 with depression and some bi-polar symptoms (I'm 37 now). I've been living with it but I am recently experiencing some very severe (in my view) changes that are greatly influencing my ability to properly do my job (I am a legal assistant). It is causing much difficulty elsewhere as well but work is the only place that can cause financial hardship for my family, obviously.

My fear is that I might be heading for an actual breakdown of some kind and I do not know how I can protect my job if this happens? I am so confused and upset that I'm having difficulty finding my own answers so I need some direction from the folks on this forum.

I hope y'all can point me in the right direction as you have in the past. Thanks!

 

[ecmst12]

You are having a medical problem, so you should seek medical help. Go to the doctor and discuss the situation. Ask the doctor if a medical leave of absence is the best thing, or if you can be treated while still working. If you and your employer qualify for FMLA, then this leave will be protected provided you fill out all the required paperwork. Don't just keep hoping the problem will go away though.

 

[Betty]

https://forum.freeadvice.com/showthread.php?t=380492

I see per your prior thread of this month you are having "problems" at work incl. with the HR manager. Do you think a lot of your current symptoms might be work related? You mentioned looking elsewhere for work in your previous thread.

The only thing is you might qualify for FMLA under your current employer though it is unpaid leave.

 

[imachristian13]

Some clarifications...

Hi folks...
Thank you for the tips on using the firm-sponsored/participating programs. I am under the full care of proper physicians outside of those resources so I'm all set in that area.

My docs and I did discuss the possibility of my work-related issues having a tie-in. They did not believe there was a direct relationship there...just added stressors. Besides, my main concern was in proper treatment by supervisors...this having nothing to do with my mental health concerns. (I am actively seeking employment elsewhere by the way).

Unfortunately, my firm is the type that will use the "at will employment" statutes to find a way to escort me out if they find out of my mental concerns. I've seen them do it in the past, they circumvented FMLA in the process. The last time it happened, someone was on medical leave through FMLA and found out the day they returned that their bags had been packed since the day after they left.

It does sound like a medical leave is one of my only options though.

Any other thoughts anyone?

 

[ecmst12]

If your employer violates your FMLA rights, you can contact the department of labor (state or US).

 

[cbg]

FMLA is a Federal law and is regulated by the US DOL. The state DOL does not apply unless referring to a state version of FMLA.

 

[imachristian13]

Yes...but...

"At Will" employment laws in the State of Delaware allow them to dismiss the employee without notice and, in the case we are discussing, they did so literally 30 minutes prior to her clocking out on her last day prior to FMLA. That is how they beat the system (on Federal and State levels both).

Gotta love it.

 

[mlane58]

"At Will" employment laws in the State of Delaware allow them to dismiss the employee without notice and, in the case we are discussing, they did so literally 30 minutes prior to her clocking out on her last day prior to FMLA. That is how they beat the system (on Federal and State levels both).

Gotta love it.

Doesn't sound as if they are beating the system, they may think they are, but I doubt anyone has challegened them by filing a complaint with the US DOL.

 

[las365]

At Will" employment laws in the State of Delaware allow them to dismiss the employee without notice and, in the case we are discussing, they did so literally 30 minutes prior to her clocking out on her last day prior to FMLA. That is how they beat the system (on Federal and State levels both).

That sounds like a pretty good FMLA retaliation case.

 

[las365]

Unfortunately, my firm is the type that will use the "at will employment" statutes to find a way to escort me out if they find out of my mental concerns.

But based on your other thread, they already have a lot of complaints about you without knowing about your medical condition. So it would probably be hard for you to prove that they fired you for a reason other than the things they have been already been open about discussing with you and your boss.