Is there any recourse if you are fired for conduct due to disability?
April 1, 2009 12:41 AM Subscribe
Fired for misconduct (threats of violence) related to disability. Is there any recourse?
posted by Danila to Work & Money (16 answers total)
My brother was fired about an hour ago. He has been diagnosed with bipolar disorder and has been with the company for six years. Last week, he came into work while manic and told his supervisor that he "felt like hitting someone". He did not make a specific threat against anyone but was describing how he felt. His supervisor recommended that he go home. He then checked into a hospital and was released yesterday, doing much better. He has never had a manic incident at work before. He has been very good at his job and won numerous awards. His medications have been changed to better control the mania.
An hour ago he went to work and was fired for "threats of violence".
He has kept the company in the loop about his disorder, providing medical documentation when needed and always being honest with his supervisor because they encouraged this. That is the only reason he told them how he was feeling, and now he has been fired for it. It is a very large company and he is a full-time employee. He is also in the union.
Does he have any recourse at all? We assume he needs to speak with an employment lawyer, but is there any hope? He will be meeting with the head union rep on Monday, is there anything he can do before then? He sees his doctor tomorrow, is there anything he needs from the doctor? Please help if you can. Thank you.