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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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Hi, my next question, my being terminated had nothing to do

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Hi, my next question, my being terminated had nothing to do with my depression but my manager has known about my 18 year struggle with depression and my recent deeper depression as of last fall. I asked her and HR about Americans with Disabilities act and if I shouldn't have some protection under this. I also told them that my doctor in March had adjusted my medication and I started counseling and I felt with that that I deserved to be given more time under the A with D act and get my meds correct and revisit this and let them see if I truly wasn't the type of employee that they felt was representative of what they wanted.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Well, for the ADA to be of any use, your depression has to have been the cause of your termination. You've just said "my being terminated had nothing to do with my depression." If that is true, the ADA doesn't help here.


When a person is in a protected class, that doesn't mean there is a shield around them that protects them to some degree from all forms of termination. Rather, it means that that person is protected from being terminated based solely on the fact that they belong to that protected class.


For the ADA to matter here, you have to allege that your depression really was the basis for your termination and if you can't say that, you'll have no ADA claim.

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