Should I sue my boss?

Question

I'm currently losing a job because of mental health issues. I have not threatened anyone. I am suffering severe depression and borderling post-traumatic stress disorder. When my boss learned of this, she wanted my resignation that day.

From my understanding, this violates the Illinois interpretation of the Americans with Disabilities Act, which covers serious mental illness. I also want to stress that I've never been a threat to anyone except myself.

Did these problems interfere with my job? Yes. I can't deny that. But my understanding is that under local law interpretations, she is obligated to let me get help and work at improving my job performance.

So I guess my question is should I consider legal action, or should I just move on. I should discuss this with a lawyer, but I wanted to know (educated) opinions on here before I move in that direction.

Answer 1

No, it sounds like you need to improve your job performance and use your work to build your own self esteem and stop using “severe depression” as a crutch.

Suck it up and be a strong man. Get over your issues and move FORWARD.

Everybody's got problems.

Answer 2

It depends on what is stated in the Illinois Americans with Disabilities Act. Have you been diagnosed of any of the conditions you mentioned by a professional? It might also depend on the type of job you have. In any case, you should call a local law firm to find out if you are protected by the Americans with Disabilities Act.

And, if you have not spoken with a mental health professional, please do so as soon as possible because your statement, "I've never been a threat to anyone except myself," is of concern.

Answer 3

He doesn't have to provide insurance, but if he cancels the insurance, he has to give you a 30 day written notice of cancellation. Obviously, he did not notify the insurance company that he was cancelling at that point, the hospital would have known that the policy was cancelled. Most states hold the employer responsible for medical claims that are incurred by the employee if they are not notified of the termination. Call the insurance company and find out when they were notified and then get advise from an attorney.

Answer 4

I think one of the KEY factors here is, what type of job do you have?

If you are losing your job, chances are its more than just your mental health causing it. If your job performance shows lack of productivity, there is cause for release on that fact alone. Most employees are "at will" and that means they can be released for no reason or, better stated, no excuses required.

Answer 5

Just a ton of questions that only a lawyer should be asking and you should be answering regarding this issue.

I would say that if you have held the job longer than the probationary period (your were passed on probation) then I would recommend that you contact an attorney regarding your discharge.

Answer 6

To be honest you would have more ground to stand on if your work performance was good. If you can prove that she fired you due to your mental illness that's another story however realize her side of the story was and will be that your work performance was the reason for your termination.

Answer 7

You didn't say you are actually receiving treatment due to an actual diagnosis.

Without that, you are hired at will, and they don't need cause.

Talk to your company's HR department, of if it is too small for that realize youare done there anyway. Get a new job. suing your boss is going to make that well nigh impossible.

Answer 8

I don't know if her actions were legal, but in any case, I think you need to consult a lawyer and find out what your rights are. Good luck!:)

Answer 9

sue her . Michigan Law