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Was diagnosed with bi-polar disorder, affecting my job, required to inform employer?

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bb_wolfe

Member
What is the name of your state? South Dakota

I was diagnosed with Bi-polar disorder in mid-february (2006). The medication they have me on really affects my concentration at work and since I'm in training and create online and computer based training, I really can't afford to lose my concentration.

I went from being horribly depressed, then really dreamy, to being entirely ADD all the time after I started the Bipolar medication.

I've never had employment issues before nor have I had mental issues before.

I am getting my work done, but it's right on deadline, not the few weeks before as I used to.

My concern is that I think they're noticing the difference, but since I'm on deadline, not saying anything.

Am I obligated to tell them I'm going downhill due to medication or this diagnosis? Now I know they can fire anyone for any reason so long as it isn't discrimination, but if they do fire me for stating I am having trouble concentrating, do I have any protection?

I'm not doing anything wrong, not late, always getting work done by deadline, work is good, but I really, REALLY have to work unpaid overtime to get it to that point. I'm scared that this medication will push me behind deadline and I'm already at 70 hours a week trying to meet my deadlines. I used to work 32 hours a week.

Based on what i've said, should I tell them why the change or what? Should I be doing anything at all?

Thanks for your time, I do appreciate it!
 
Last edited:


Litigation!

Senior Member
bb_wolfe said:
What is the name of your state? South Dakota

I was diagnosed with Bi-polar disorder in mid-february (2006). The medication they have me on really affects my concentration at work and since I'm in training and create online and computer based training, I really can't afford to lose my concentration.

I went from being horribly depressed, then really dreamy, to being entirely ADD all the time after I started the Bipolar medication.

I've never had employment issues before nor have I had mental issues before.

I am getting my work done, but it's right on deadline, not the few weeks before as I used to.

My concern is that I think they're noticing the difference, but since I'm on deadline, not saying anything.

Am I obligated to tell them I'm going downhill due to medication or this diagnosis? Now I know they can fire anyone for any reason so long as it isn't discrimination, but if they do fire me for stating I am having trouble concentrating, do I have any protection?

I'm not doing anything wrong, not late, always getting work done by deadline, work is good, but I really, REALLY have to work overtime to get it to that point. I'm scared that this medication will push me behind deadline and I'm already at 70 hours a week trying to meet my deadlines. I used to work 32 hours a week.

Based on what i've said, should I tell them why the change or what? Should I be doing anything at all?

Thanks for your time, I do appreciate it!

My response:

This has nothing to do with law. This has more to do with, "Please tell me how to run my life." We don't do that.

IAAL
 

cbg

I'm a Northern Girl
Nothing in the law says you have to tell your employer about your condition.

However, multiple courts have ruled that they have no obligation to accomodate a disabling condition that they know nothing about. If you need an accomodation to perform the essential functions of your position and you do not tell them of that need, if your job performance falls off the employer may take whatever action they feel appropriate. You can't come back after you're suspended, demoted or fired for non-performance and say, Oh, but I have such and such a condition and you have to accomodate me. The time to tell them is BEFORE your job performance drops.
 

rachel4

Member
cbg said:
Nothing in the law says you have to tell your employer about your condition.

However, multiple courts have ruled that they have no obligation to accomodate a disabling condition that they know nothing about. If you need an accomodation to perform the essential functions of your position and you do not tell them of that need, if your job performance falls off the employer may take whatever action they feel appropriate. You can't come back after you're suspended, demoted or fired for non-performance and say, Oh, but I have such and such a condition and you have to accomodate me. The time to tell them is BEFORE your job performance drops.
cbg--I think it's very decent of you to take OP (original poster, in case she reads this:) ) seriously, and to not make fun of her like LegalStranger did. Being bipolar is not funny:(
 

cbg

I'm a Northern Girl
Thank you, Rachel. One of my best friends is bi-polar; I know how hard it can be.
 
rachel4 said:
cbg--I think it's very decent of you to take OP (original poster, in case she reads this:) ) seriously, and to not make fun of her like LegalStranger did. Being bipolar is not funny:(
I didn't make fun of her, she did it all on her own.;)

I didn't see anything regarding a legal question in her post other than going on about her chemical imbalance.

Please elaborate on why OP needs to address her bipolar issues on a legal advice forum???
 
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