Injustice anywhere is a threat to justice everywhere
– Martin Luther King, Jr.

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Can I be fired because of my mental illness?

On Behalf of | Mar 13, 2019 | Firm News

So many people in the United States suffer from mental health issues such as anxiety and depression. When mental health issues are severe, they can be classed as a disability, just as any physical ailment or condition could be seen as a disability.

If you have a disability, regardless of whether it is mental or physical, you have certain protections under the law. You will consequentially be protected from discrimination and harassment in the workplace. Additionally, this means that you cannot be fired because of your mental health issues.

What do I need to consider if I suffer from a mental health condition and I was fired?

The fact that you were fired and that you have a mental health condition does not automatically mean that you are entitled to a legal claim. In order to make a legal claim accusing your employer of discrimination and wrongful termination, you must be able to show that you were fired because of your mental health issues.

How can I prove that I was fired because of my mental health issues?

It can be difficult to show that your employer discriminated against you. However, it is a good idea to start by showing that there was no good reason to fire you. For example, you should be able to show that you were a worker who had not engaged in any employee misconduct.

In addition, you may want to suggest that you were specifically targeted and fired. In other words, by showing that none of your peers were fired at the same time, this could build evidence to suggest that you were fired because of your mental health condition.

You may be able to make additional claims, for example, you may have been fired after you requested reasonable accommodations due to your mental health condition. As a disabled person, you have the right to reasonable requests to help you succeed in your role.

If you have been fired and you suffer from a mental health condition, it is important that you take action so that you can get justice for any discriminatory behavior to which you were subjected.