Question regarding depression, meds and termination

[suta26]

What is the name of your state? Illinois

I just recently got (or maybe HAD) a really good job for one of the world's largest companies.

I've dealt with depression my entire life...and after being hired (but before getting benefits) I decided to seek professional help so that it would not interfere with my career or life anymore.

I've been seeing a therapist for years, but I decided that maybe it was time to try medication as that could give a resolution.

I went to a hospital and a psychiatrist diagnosed me with depression. He gave me medications for depression (the usual - Prozac and then an anti-anxiety medication on the side to help with immediate relief).

I began taking the medications and they started to affect my productivity at work. I started acting loopy and moody. My manager noticed this and told me to take short-term medical leave until I felt I was ready to return to work.

She told me that I wasnt being fired (I had only been working at the company for about 2 1/2 months...so she could have fired me I guess) and that she would have a job for me when I came back ready and competent. Of course she called the lawyer in the room when she told me this.

Well...that was two weeks ago. I've tried contacting the manager to ask about "re-entry". I've tried contacting the Doctors who have given me prescriptions so that they can give me a timeline to return to work and no one will return my phone calls.

Whenever I try talking to the manager at work, I get told to call the HR offices in NYC. It is all so frustrating.

And worst of all...I'm not sure if the prozac is working. It takes about a month to start to affect you I'm told (I've been on it nearly a month) and I dont think it was the right drug. I cant wait ANOTHER month to see if the drug will work. I need to get back to my career!!!

I just sent in a claim for short-term disability but have not heard back from them yet.

And the straw that broke the camel's back was that I recently saw my SPECIFIC job posted online as an open position. My department only has one person that does my job so I am under the assumption that I am being replaced.

I thought that being diagnosed as depressed would give me some sort of protection. Am I wrong?

My company isnt being straightforward with me at all. When I return to work...can they just fire me? I thought that maybe they would have to give me a similar job or the same job.

My fear is that they'll give me an insanely difficult job and then fire me for being incompetent so that they wont have to deal with the legalities of the "disability" anymore.

I hadnt even worked at my job for 90 days so I'm shocked that I was not fired in the first place.

My manager told me I was doing well and that I was a great worker...it was just the meds that were affecting my productivity and her workplace and she couldnt have that.

I'm so confused and my depression's anxiety isnt helping at all as I do not trust HR people or lawyers.

Do I have any rights right now? I feel like i just screwed up a dream job and that my life will never be set right again.

It is so tough to deal with this AND the depression at the same time.

sorry for the sob story.

any help would be greatly appreciated!

 

[cbg]

Simply being diagnosed as having depression does not give you automatic and guaranteed job protection.

The ADA, which is what I assume you are looking to for protection, applies when you have a condition that affects a major life function. This is going to be different for every person. (BTW, my mother, husband, brother and two close friends have all been diagnosed with depression so I have a certain amount of experience with this.) Not every person with depression is going to qualify.

Even if you do, and that has not been established, the employer's obligation is to provide a reasonable accomodation that will allow you to perform the essential functions of your position. In many if not most circumstances, it is your responsibility to make them aware of the need for accomodation. They are NOT required to automatically present one upon being advised of your diagnosis. There is a school of thought that maintains that providing an accomodation without being asked for it, is in itself a form of discrimination ("how dare you assume I can't do my job?") I don't see where you asked your employer for an accomodation at any time. Nor am I certain that an extended leave for an employee of less than three months is reasonable.

Your employer is not required to accept poor productivy under any circumstances.