Can boss force me to see shrink?

[surfing33]

What is the name of your state (only U.S. law)? CA

Recently had a meeting with my boss. He told me to "see a shrink of get out". Can he legally do this? I told him there was nothing wrong with me and I don't need shrink, so I left. I'm afraid this will cause me problems collecting unemployment, but my friends say they would have done the same thing in that situation.

There is nothing wrong with me, but he's on antidepressants, and a recovering addict possibly abusing prescription drugs.

 

[commentator]

commentator

He can fire you, or tell you to get out, or set conditions, whatever. However, you need to file for your unemployment benefits. Tell them that you were given an ultimatum and told "See a shrink or get out." Do NOT say you quit. You were terminated. Because you were given an either/or ultimatum.

Then depending on the wages and quarters, if you are monetarily eligible for a claim, you will file one, stating that you were terminated by your employer, and that you tried to resolve the situation before you left, but he gave you an ultimatum about see a shrink or get out.

Do not spend a lot of time talking about what a non-functional person he is, or how badly you have been treated in the past at this place or other work related problems you may have had, or how he treats other employees.

They will take a statement from you, and then will contact the employer for his statement. Even if he tells them you were late fifty four times last month, converse with little green men during your work hours or have stigmata appearing on your body, the actual reason he gave for your termination (your refusal to see a shrink) will be adjudicated and a decision will be made. The bottom line, he fired you without good cause, for something that was not work related misconduct. There will be a decision rendered, which either party can appeal. But go file. Do not cloud the issue with tardiness, previous disagreements, etc. He told you to leave or..and you did.

 

[surfing33]

Good advice, thank you!

 

[patstew]

The bottom line, he fired you without good cause, for something that was not work related misconduct.

So where in the OP's very brief, short on details post did you get that it wasn't work-related misconduct?

 

[commentator]

Being crazy, psycho, needing to see a shrink is not work related misconduct. Possibly an action brought about by the person's being crazy, psycho, etc might be work related misconduct. But this issue or action was not given as the reason the person had to leave.

If the man had said, "Because of what you have done, I am firing you," and he referred directly to an issue such as taking hostages, setting the building on fire, etc. then he was firing the guy for work related misconduct. He may believe the employee needs to see a shrink. He may be pressing charges against the individual. But the implication here is that if you seek psychological help, I will not fire you.This, to me indicates there was no huge precipitating incident for which he was firing the person and just threw this in.

Giving someone an ultimatum of this type is not a very good idea, from an employer's perspective on keeping them from receiving their unemployment benefits. Because the issue is always, "What is the reason you are no longer working?" And that is because he told me to see a shrink or leave.

 

[mlane58]

Being crazy, psycho, needing to see a shrink is not work related misconduct. Possibly an action brought about by the person's being crazy, psycho, etc might be work related misconduct. But this issue or action was not given as the reason the person had to leave.

You don't know that it wasn't. You only have what the OP posted and not the details that led up to the employer telling him/her to see a shrink.

If the man had said, "Because of what you have done, I am firing you," and he referred directly to an issue such as taking hostages, setting the building on fire, etc. then he was firing the guy for work related misconduct. He may believe the employee needs to see a shrink. He may be pressing charges against the individual. But the implication here is that if you seek psychological help, I will not fire you.This, to me indicates there was no huge precipitating incident for which he was firing the person and just threw this in.

How can you come to this conclusion from what little the OP posted? You are really stretching it.

Giving someone an ultimatum of this type is not a very good idea, from an employer's perspective on keeping them from receiving their unemployment benefits. Because the issue is always, "What is the reason you are no longer working?" And that is because he told me to see a shrink or leave.

Where did the OP even say that the employer was kjeeping them from getting unemployment benefits.? Come On!

 

[commentator]

Okey dokey, he just said he was afraid it would cause him problems with getting unemployment benefits. It does, you know, if you quit your job for a personal reason. If he files and says he quit because the boss insulted him or hurt his feelings, he probably would be denied.

You may be right. I am probably assuming too much. You never know till you actually file for benefits. The employer may not contest, there may be no trouble at all.