How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
20073497
Type Your Employment Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

I preface this by saying tgat I have never been

Customer Question

Hello,
I preface this by saying tgat I have never been fired from a job in my life and I love my current job as a Drivers Education Instructor. It is a new profession for me; approximately one year.
Unfortunately, the timing of my career change/new employment occurred with some huge stressors in my life. This resulted in aggravating my depression, which I have successfully managed for twenty years, and I needed to go into the hospital for 8 days for med changes and regrouping.
Upon coming out of the hospital I chose the route of honesty with my boss, who is an employer in NH of less than fifty people. This was less than two months ago. I now feel I did the wrong thing in being honest with him. I am afraid he is going to let me go simply out of his own ignorance and perhaps my looking exhausted as I build myself back up to a full time schedule. I am also physically not feeling well lately and am having various xrays/tests run to see if anything is wrong but I fear telling him that because I have no sick time snd in love my job!
If I get fired do I have any recourse? I've done nothing wrong.
Thank you,
Brenda
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, my name is ***** ***** I will be glad to Answer your question,

I am sorry to hear that you are battling with depression. I have several friends who have severe bouts of depression and I have witnessed it firsthand as to how debilitating it can be. But, most people do not understand the illness of depression and they equate it with "feeling depressed" which could not be farther from the truth. "Depression" is an illness caused by the body and the brain's inability to produce enough seratonin. For most individuals who suffer depression, they are required to take antidepressants for most of their lives so that they maintain a sense of balance, but this is also something that most people do not know.

Depression also brings on physical symptoms such as the exhaustion which you are feeling. If your employer fires you, then you could file a formal complaint against him under the Americans with Disabilities Act, the "Act". Under the Act, an employer must put forth a "reasonable effort" and make a "reasonable accommodaion for employees who have a disability. But, many people do not fully understand this part of the law. An employer need only make a "reasonable accommodation" to find a suitable alternative position for the employee with the disability. The employer is not required to rearrange his entire business in order to find another suitable position for the employee with the disability. Neither does the law require the employer to jeopardize his business to find another position for the employee with the disability, and if the employer does not have a position that would be suitable for the employee with the disability, the Act does not require the employer to create a position to accommodate the employee. In these situations, an employer would not be penalized, if he had no other position in his business where he could place the employee with a disability.

If your employer terminated you because of your disability and because after "reasonable efforts", he was unable to place you in another position in his business without jeopardizing those individuals who came to your employer for Driver's Eduction Instruction, the law would not penalize him. If your employer terminates you, you would lose nothing by filing a "Charge" against him for his inability to find a suitable alternate position for you within his business. But, being in the business of offering Driver's Education, he could raise a reasonable defense to not being able to place you in another position. He might not be penalized, but you would help in opening his eyes to the illness of depression which is very real for alarge part of tje population who simply is also not aware that depression is an illness.

.

I apologize for not being able to give you the Answer you were hoping for, and I am respectfully ***** ***** you not hold that against me when rating my Answer because you will be rating the quality of my Answer and not whether you like or agree with the law applicable to your particular situation. I have an obligation to give you a correct Answer to your question, even though it might not be the Answer you were hoping for, or the Answer you wanted to hear.

You could apply for Social Security Disability benefits because depression is recognized as very real and very debilitating by the Social Security Administration.

________________________________________________________________

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

Positive Feedback and Bonus are always greatly appreciated,

Thank you for allowing me the opportunity to assist you,


Kindest Regards,

ANDREA