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termination for mental illness hospitalization

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cheloniac

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I was committed to a mental hospital about a month ago. The day I was hospitalized, my employer terminated me (without giving a reason, NC is a fire-at-will state). I was wondering if this could be a viable legal case, at least under the protection of the Americans with Disability Act. The hospitalization itself is even related to my job because I have a severe mental illness, which was greatly affected by the constant criticism and verbal abuse from my direct supervisor (which the company was notified of prior to all of this, and did nothing), which ended up pushing me to becoming suicidal.
 


cbg

I'm a Northern Girl
How many employees does your employer have within 75 miles of your location?

How long have you worked for this employer?

In the 12 months immediately preceding the start of your leave, had you worked a minimum of 1,250 hours for this employer?
 

cheloniac

Junior Member
response

How many employees does your employer have within 75 miles of your location? I'm not sure, but I'd say easily a few hundred. It's Walgreens.

How long have you worked for this employer? just over 3 months

In the 12 months immediately preceding the start of your leave, had you worked a minimum of 1,250 hours for this employer? No

However, wouldn't the minimum of hours only apply if this could be an FMLA claim? I was only in the hospital for 4 days, and they terminated me the day I was hospitalized.
 
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cbg

I'm a Northern Girl
Here's the thing; You are right, you do not qualify for FMLA.

But without FMLA, you have no statutory right to medical leave at all. You can legally be fired for missing work due to medical reasons if FMLA does not apply. So the termination was not, in and of itself, illegal.

As to an ADA claim, let's explore that. A short leave can be considered a reasonable accomodation under the ADA. However, even the ADA does not require that they refrain from criticism or even "verbal abuse". If they had not fired you and you had returned to the same work conditions, what would have happened?
 

ecmst12

Senior Member
The ADA would not apply here. If you were to have any protection from termination for being absent due to medical treatment, it would be under FMLA. But you have not worked there long enough to qualify, so your termination was perfectly legal.

If you have now been released by your doctors to return to work, you can file for unemployment.
 
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Willlyjo

Guest
What is the name of your state (only U.S. law)? North Carolina

I was committed to a mental hospital about a month ago. The day I was hospitalized, my employer terminated me (without giving a reason, NC is a fire-at-will state). I was wondering if this could be a viable legal case, at least under the protection of the Americans with Disability Act. The hospitalization itself is even related to my job because I have a severe mental illness, which was greatly affected by the constant criticism and verbal abuse from my direct supervisor (which the company was notified of prior to all of this, and did nothing), which ended up pushing me to becoming suicidal.
Did you give written notice within 30 days that you claim your hospitalization was the result of work-related stress? If not, you are out of luck--entirely. If you did, you might find an attorney who will take your case. Stress claims are very difficult everywhere and even more so in NC, it seems.
 

cbg

I'm a Northern Girl
We're still working on ADA options.

EVEN IF the poster gave written notice within 30 days, I think it very unlikely that the workers comp carrier, or a doctor, will agree that in a short three months, working conditions pushed the poster all the way to suicidal. So I think the chances that the poster will find an attorney are slim indeed.

But if the poster will come back and answer my questions, we can investigate the (admittedly unlikely) possibility of an ADA claim.
 
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