• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I asked for help with mental illness - was shown the door

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

uncleboss

Junior Member
Georgia

I need some advice... of course, why else would I post here.

I am 31 years old and workED for the same employer for 12 years. In late 2003 our company was aquired by a fortune500 Title Insurance company.
Beginning in 2004, and after a break up with my girlfriend of 4 years, I began to self destruct. That much I am willing to admit... all of the deterioration was self induced. I struggled with alcohal addiction, drug addiction and gambling addiction. All of these demons were in plain site. My good friend and SUPERVISOR advised me *after hours and outside the office* to seek help/counseling/god/etc. However no formal or professional gestures of help were ever extended.
My work began to suffer. I was frequently late and occasionally absent.
In September of 2004 I was called to the carpet. My supervisor(and still good friend) and the Human Resources director were present. I was advised that my performance was less than expected and warned that if I was late again I would be terminated. I fully complied and agreed to really try harder. After a discussing my 'path back to the workplace' I was asked to sign a written warning.
************ In the section open for my comments I wrote the following : " I believe that I suffer from one or several mental illnesses which impede my ability to be punctual. I have a problem with drugs and an addiction to gambling".
I then signed.
My supervisor, thinking this was an attempt at comedy, laughed and told me to stop being 'funny'. The HR rep shredded the document and asked me to sign a copy sans-written comments. And I did ( big mistake?)

So.... I, of course, was once again AWOL. And was fired on the spot the next day.
There are no minutes of the probationary hearing, however 2 witnesses were present and furthermore, it was common knowledge throughout the office of how and why I was screwing up so much.


MY QUESTION -finally!
Can I sue for wronful termination? Do I have a case?
The employer basically ignored or denied my claims of substance abuse problems. I cried out for help... they helped by throwing me out on my ass.

FURTHERMORE - It has been difficult to find new employment because of the negative nature surrounding my departure - being terminated.
After 12 years with the same employer, the only job I've ever had, I can't get a decent or positive referal from them(at least not from the *new* owners)

I have since relocated to Ohio - being close to family and friends has been the treatment program and system that I needed. I am sober and don't gamble anymore.


Thank you for reading this lengthy dissertation. I haven't talked to anyone about this so maybe that's why I'm gushing.
Any advice or feedback or job opportunities are appreciated.

-m@ :rolleyes:
 


Dandelion149

Junior Member
Nebraska.....

Hello. I'm not a lawyer. I know about mental illness though. Currently I am in a situation with my employer due to my mental illness of depression, anxiety and panic disorder. They dont seem to get it. After a horrible 2004 and ending up in crisis counseling, I was told I have rights. Depression is covered under the ADA, depending on meeting certain criteria, which I do. Anyway, I would recommend going to the eeoc.gov website and researching the ADA and mental illness, specifically substance abuse. I know I have read somethings about it, but since it didnt apply to me I dont recall all that was written. I am not sure if drug/alcohol abuse is covered though. Please do check out the website though.

Good Luck!
 

Beth3

Senior Member
Having a mental health disorder and various addictions does not obligate your employer to tolerate poor job performance, chronic absenteeism and tardiness, and so on. Nor is your employer obligated to ensure you seek the treatment you needed. They are not your family. As a personal kindness, your supervisor advised you to seek help. Unfortunately, it appears you didn't do so.

You had on-going and significant performance problems and then you went AWOL. Your employer had good reason to terminate your employment. No, you do not have a case.

That said, I am sorry for your situation and what you've been through. Even though things are going better for you personally, you should STILL seek professional help. (a) The problems you have had could reoccur, and (b) given the reasons you were terminated, you'll have a considerably easier time obtaining new employment if you can tell prospective employers you successfully completed treatment for substance abuse and/or depression. Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top