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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4164
Experience:  Contracts, Wrongful termination and discrimination
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In a Nutshell: Lost my wife To Pancreatic Cancer 4 Years ago.

Resolved Question:

In a Nutshell: Lost my wife To Pancreatic Cancer 4 Years ago. Result 2 Nervouse breakdowns, Heart attack and 17" of colon removed. Lost my Mother 1.5 years ago. Lost my Sister and her Husband within 2 months of each other 3months ago. I am under a doctors care for severe depression. I am in auto sales. My numbers aren't what they use to be but I am holding my own. My disabities keep me from being as active and agressive as I use to be. My boss is now treatening to fire me if I do not Get my numbers up. Can he do this when there are others that are not producing as much as me?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question and I'm very sorry to hear about your circumstances. I cannot imagine what it must be like to go through this kind of pain.

I need to know a few more things before I can answer your question.

1. Have you asked your employer for any sort of accommodation for your condition as recommended by a doctor?

2. Do your physical medical condtions (heart attack and colon removal) cause you any physical limitations?

3. Do you attribute your lack of productivity at work solely to your depression?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

No I have not asked for any accomdation Yet.


 


My Physical Limitation Do Cause me Phyical limatations. Can't spend alot of time in the Heat or Cold as i used to. can't take as many customers as I use to.


 


The Depression Does play alot into the Productivity cause i just don't have the enenrgy I use to. I am 53 Years old feel 70

Expert:  TexLaw replied 1 year ago.
Your conditions most likely qualify as disabilities under the Americans with Disability Act, and thus you would be entitled to its employment protections.

Although clinical depression is a mental impairment under the ADA, not everyone with clinical depression will qualify for coverage. In 1999, the Supreme Court ruled ( Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc. and Albertson's Inc. v. Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure". This means that even though clinical depression is a permanent condition, if you are able through medications and therapy to perform major life activities without difficulty you will not meet the ADA's definition of "disability."

So, in the end, if you were terminated because of these conditions, this would be considered illegal discrimination and you would be entitled to file a claim with the EEOC against your employer.

This is not something you want to add to the list of what you are going through. To avoid this situation, you need to approach both your medical doctor and your psychiatrist/psychologist and ask them to draft you letters recommending that your employer reasonably accommodate your condition by allowing you to work less hours or move you to a different position within the company. Your doctors will need to specify in their letters that this is done pursuant to the ADA.

You want to do this to put your employer on notice that you have disability conditions which he should not discriminate against and that you have a right to continue working within your limitations. If your employer chooses to go through with his threat to terminate you, then you have set him up perfectly for an EEOC claim.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4164
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 2 other Employment Law Specialists are ready to help you

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