Job Abandonment

[efrman]

I live in Colorado. I've missed about 4 days of work in the last month because of Depression. Last Wednesday I attempted suicide and did not report to work. On Thursday I made an appointment and saw a therapist who diagnosed me with severe depression bordering on extreme depression. She advised me to go to my physician asap to begin taking anti-depressants. I called my boss that day and left a message for him to call me back on his answering machine at home. I did not receive a call back. Friday morning I called him at work and he told me that since I was not at work on Wednesday that I had abandoned my position and that he would need all company property returned. I asked to re-consider because I was sick and to please call the therapist. He said the decision had already been made. My question is, isn't job abandonment enforced after 3 consecutive days missed or am I wrong? I am still suffering from the depression.

 

[loku]

Unfortunately Colorado law (like most states) allows an employer to terminate an employee without explanation or advance notice. Therefore, as long as there was no discrimination, the employer could terminate you. Since the employer does not need a reason for a termination, it does not matter what reason is given.

 

[loku]

There is one possibility; however, I don’t think it is a very strong possibility. It is that perhaps your depression is so severe that it qualifies you under the American with Disabilities Act. It you do qualify under that Act, then firing you without trying to accommodate your condition would be a violation of the Act.

As I said, I don’t think you would qualify under the Act, but I am not an expert in this, so I suggest you follow the following link to an explanation of the Act: https://law.freeadvice.com/resources/gov_material/eeoc_americans_with_disabilities_act_text.htm