is a company allowed to discipline you when you are suffering from deppresion?

Question

A company i work for has given me disciplinarys after i have suffered from deppresion and panic attacks.I didnt think a company should do that as it is not going to help you recother from your problems.

Answer 1

So many people in the world DONOT take the disease of depression as serious illness. Most people believe that it is something made up and you can just snap out of it and go about life as normal as they believe they are. Granted, society has come up to the fact that depression and panic attacks are really serious disorders. Now to try and answer your question. Did youtake on this employment knowing that your depression and panic disorders were going to create a problem in the workplace? Are you taking medication that could affect your job? Some jobs really require that you are totally responsible for your duties and in some areas you may be in danger as well as put others in danger also. Even if it is affecting your non-dangerous situation your employer hired you based on the fact that you gave the information that you would be able to complete your tasks in a timely condition. I donot kow whether or not you gave them the information about your depression. Suffering from depression and panic attacks is something that we have to accept and deal with the care of a proffessional. Some people with depression are in a sate of denial because of the stigma associated with mental illness and unfortunately cannot hold onto a job because of the problems associated with it. Also if our illness is controlled or stabalized, we can do as well or better as someone without depression. Your employer cannot discriminate against you because you have mental illness. It is considered a legal disability in which you have to fulfil the criteria. Your employer cannot discriminate against you either if he just wants to get rid of you. If you are under the care of a proffessional, then I feel that you should discuss this with your specialist about your situation and if you arenot able to care for the duties that you have with this job, you really should accept the fact that you may need to quit this work. Your employer needs to know that you are doing the best that you can under the conditions of your health. Let him know about your illness and discuss to him that you want to do your duties but cannot at this time. It would be better to resign and have a better review if you later have your depression stabilized. Although you need to understand that sometimes the stress of a job may cause your depression to worsen. I am not trying to say that your employer has the right to humiliate or treat you unfairly. He does have the right toexpect you to do your job as described. Please donot give up on yourself.Sometimes we wish or really want to be able to do things that we just cannot do. It doesnot make us any less than anyone else, it just means that we cannot do everything that we want to do. People with other illnesses feel the same way. I hope this helps. Talk it over with your therapist and talk it over honestly with your employer. He should be able to understand that you just cannot perform your duties now and if he doesnt he is a jerk. Take care of yourself and live your life just as well as you can. This doesnot mean that you are less than anyone because you have depression, but you cannot ignor the problem either.

Answer 2

I'd speak to an employee advice beaurau if I was you. I suffer from depression and thankfully my current employers have been fantastic, where my last boss just used to enjoy abusing my fragile state and making me cry in front of the office.

It depends what the disciplinary is for, if it's unrelated to depression, then yes, they have every right to discipline you for breaking the employee handbook code of conduct.

If it's for time off, if you are covered by a doctors note then they cannot discipline you. If you have been taking the odd day off there and there, and they've mounted up, then I think they can discipline you. At the end of the day, they are running a business.

It's a tricky one, but I'd seriously recommend talking to a professional, and giving all the details, they will then be able to advise you.

Keep strong, and remember that things are never as bad as they seem, even in your darkest moments xx

SONNELL - you quite clearly have no idea of the complexitys of depression, it is not something you can just shake off. See it as an illness. I don't think your comment was in any way constructive and you have no idea how your insensitiveness could damage someone in a vulnerable state.

Answer 3

If your doctor has diagnosed you with depression, I do not believe they can discipline you. Especially if you are on medication, have been hospitalized, and/or are seeing a therapist/psychiatrist. If it greatly affects the type of work your doing and it's to the point where you can't get any work done,however, i believe they can let you go. It doesnt sound that serious though. I would fight it. You will need proof from a doctor. *good luck*

PS: steve.c_50, that is discrimination and most places you can work cannot discipline or fire you for "the color of your eyes" or whatever it is unless it interferes with the tasks you are given...

Answer 4

It depends what the disciplinary is for. If you did something wrong then maybe if it is as a direct result of the illness the no they cannot. But you must follow due process, see your occupational health people make sure doctors notes etc are submitted. I know it can be hard when you have Depression and anxiety to do all the official stuff but you have to I'm afraid. (I didn't with my bank and it took 7 years to sort out the mess). For a more detailed explanation of your rights go to Citizens Advice they really helped me out so can recommend them.

Answer 5

my missus is going through the same thing she works for the council and after having at least 15 weeks off throughout the year i told her to get a sick note off the doctor put her feet up and stop stressing. Also told her to contact her union rep about things. Finally they have sent her to occupational health which keep them off her back when it comes to disciplinary matters. Your company should take an open view of each individual and not jump the gun like so many managers are keen to do. Seek advice off a union rep or contact them directly they will help you out.

Answer 6

You question is not very clear. many companies have return to work policys that do end up in disciplinary matters, for example Tesco do one, when you return to work after being sick for either one day up to 4 weeks in a row they work out the percentage. If over 5% you go on what they call stage one, if after that you go off sick in the next 12 weeks you go to stage 2 and so on. up to stage 4 and that is the sack.

However if you are off work for more than 4 weeks it is calssed as long term sick and that is a different matter.

This was put in place my many companies to try and reduce the number of people calling in sick when they were just skiving - however it does not seem fair as it affects the genuine people.

Answer 7

I have had a similar problem with my employer. I suffer depression and have just been off work for 6 months with it, I was sent to see the company occ health and they were happy with the support/treatment I was getting from my GP. My line manager doesn,t believe in depression and has made my life hell, I had to report to her every week whilst off and meet up with her every fortnight to discuss when I would be returning to work. I asked my union for help on this matter as I felt as if I was being harrassed. They were good but it still didn,t stop her and I told her that the way she was teating me was making my depression worse not better. I was given an ultimatum of return to work or be finished. I was in no fit state to return to work so I handed my notice in. My union said I could have fought for my job under the disability act as depression is classed as a disability but I was not strong enough to fight. I now have a new job and feel a lot better in myself. I would advise you to get as much legal help as you can if you,re in a union get them involved, as thats what they,re there for. Good luck and be strong, take care A

Answer 8

In order for your job to not discipline you for a registered medical condition you need to go on intermitent FMLA. Check with your company to see the ammount of time to qualify then go to your Dr that diagnosed you with depression, you have to be on ongoing care to qualify and then you submit the forms to your HR department or FMLA department depending on the company. ANd you'll be covered for 12 weeks a year, and its a Federal program. A lot of states offer a similar program...like OMLA - Oregon Medical leave Act. Alot of people arent aware that mental illnesses qualify under this act, but it does! Been on it for years.

Answer 9

They can't discipline you for having had depression or panic disorder, but they can discipline you for missing work, or poor work quality, or disruption of the workplace. Bottom line is get help (see your EAP if you need referral for help or couseling about how to handle workplace issues). If you feel you are being punished only because of your diagnosis, call Protection and Advocacy Inc for information on filing workplace discrimination complaint if you are in California http://www.pai-ca.org/

Answer 10

it depends on what it was you did...but you cant use your depression and panic attacks as an excuse to get out of any kind of disciplinary action if you did do something wrong...i tell my patients this alll the time, cant use it as a crutch..it basically will come down to work performance...i hope youre feeling better though and if you ever need to talk please feel free to contact me.


psych. mental health nurse practioner