QUESTION
Do I have a case to file suit?
Asked on Sep 20th, 2012 on Labor and Employment - District of Columbia
More details to this question:
Hello my name is tracy Johnson and I kindly request some advice my employer ask me to take a leave of absence and seek medical help for depression . I thought it was strange that they would offer me time off , especially since I was still in my 90 day probationary period. I pretty uh was forced to take the time off because my employer made me feel like if I didn't agree to the time off they would have to take further action. Upon my return to work my employer would not give me any assignments. I requested work on several occasions and my requests were ignored. Today I requested a meeting to discuss how can I move forward if I'm not given a chance .my position was terminated today. I don't know how I will recover because now I'm even more pressed.q
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
Clinical depression is considered to be a disability. If you were qualified to perform your duties, even if you required a reasonable accommodation to do so, and if the employer "eliminated" your job because the employer perceived you as disabled by your depression (and the facts you recite suggest that the employer did perceive you so) you would have a claim under the Americans with Disabilities Act. You should check with your local DC equal employment opportunity office (assuming it has one) and if not there go to the EEOC office to file an ADA charge.
Michael Caldwell
404-979-3150
Answered on Sep 20th, 2012 at 10:52 AM