Hello everyone,
recently my mother was fired from her job, a large telephone service carrier. After her father's death a couple of years ago, her doctor, which the company paid for, diagnosed her with depression and said that she couldn't work. After the first diagnosis and a few months out of work, her job ordered her back to work, but the doctor said no and she was fired. After filing a complaint with the union, she got her job back. Now after about a year, she again was diagnosed with depression and ordered not to work. Months later, her job, against the doctor's orders, called and ordered her back to work within a week, then she was fired again. She is in the process of trying to get her job back again. I wanted to know if she can/should take legal action against her former employer. She was twice fired from the company after she was diagnosed with depression and told that she was unable to work. Does the Rehabilitation act cover depression? Her Doctor says to sue. Can we?
2007-05-10 08:32:50 · 5 answers · asked by kham83 1 in Politics & Government ➔ Law & Ethics
Response to Monica D:
My mother saw two seperate doctors, which the company reffered her to. Both said that she was unable to work. Also, her doctor says that it was controllable, but she was fired during the "fix her up" process. The doctor doesn't claim that she wouldn't ever be able to work, just that she wasn't ready to yet. And the second doctor says that the first doctor allowed her back to work too early.
Also, if you dont mind, please let me know if your an attorney or not and what you recommend we do.
2007-05-10 08:46:20 · update #1
Contact the goverment agency EEOC Employment Equal Opportunity Commission. They will tell you what her rights are and if there is a case they will deal with the employer directly with fines and may be able to get her job back. Look in the government pages of the white pages telephone book.
2007-05-10 08:41:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think she would have a hard time proving that she cannot work due to depression. Depression is a constellation of symptoms, not a disease or disability. The symptoms are treatable. If her depression is medically treated and controlled, then she is not considered disabled. If she is not medically controlled, she needs to find another doctor. Depression is one of the most treatable conditions out there - the doc just needs to find the right cocktail for your mother. Lots of us have depression and continue to go to work every day - your mother needs to accept some responsibility for her life, treatment and circumstances. I hope that your mother finds a physician that can help her resume the activities of daily life. Good luck!
2007-05-10 08:38:21 · answer #2 · answered by Anonymous · 3⤊ 0⤋
It relies upon on an excellent form of issues. Is your husband disabled via his ulcerative colitis? became into there an accomodation made for him because of the fact of it? Is changing his shift inflicting him undesirable consequences? those are the themes to be considered. regrettably your prestige skill not something. i'm constrained to a wheelchair and a hundred% disabled yet, my husband has his shift replaced from 1st to third or to 2d and returned returned fairly usually. the proper thank you to guard this may be to your husband to have a communication with Human supplies and notice in the event that they may be keen to accomodate him in line along with his stable provider to the corporation.
2016-12-11 05:49:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Call your local bar association and get numbers for attorneys who specialize in wrongful termination actions. They can give you the best advise as to how to proceed.
2007-05-10 08:43:08 · answer #4 · answered by Michelle D 6 · 1⤊ 0⤋
Yes hire and attorney and get legal advice. I hope your mother feels better
2007-05-10 08:37:25 · answer #5 · answered by Anonymous · 1⤊ 0⤋