Porfirio Gartland: Without a doctor's report of some kind or a visit to HR to let them know there is an issue, how do they determine a difference between goofing off and a mental health issue?As described, yes, at this point you could probably be let go without recourse in the US.
Leif Serabia: I am not in a union
Ronny Dorge: You could be let go if the quality of work you are producing is going down the tubes, regardless of what your physical or mental health state is. You should see a doctor or psychiatrist and get a letter to request an leave of absence immediately and don't put this off. You can get temporary disability while you are working on your issues, but don't tell anybody at work or it could leak out and your employers would probably terminate you immediately.
Raymon Fiene: It would be foolish and wrong for a company to fire you for the stated reason of your declining mental health. It would just be asking for a wrongful termination suit. ! But, that doesn't mean you can't loose your job over it.First, have you gone to a doctor and gotten a diagnosis? If not, you don't have a mental health problem in the eyes of the law and you won't be protected by EOE laws surrounding health. EOE laws prohibit, with certain exceptions, firing someone based on a medical condition. Mental health problems are considered medical conditions if they are identified by a doctor.Alot depends on your work agreement. If you are an at will employee, which many people are, you can be hired/fired "at will" for no reason. Your employer will not give you a reason, either, because it increases their liability. So, if your work performance suffers or you start behaving erratically, they might jump on the chance to say, "there just isn't room for you here anymore."If you have a contract, they'll have to prove you are not meeting your contractual obligations, which they might be able to do depending on your job performance or if you've e! xceeded your number of days off, etc. They won't fire you bec! ause of your "mental health."In the end, worry about getting well. If you have a good performance history and a good employer, they'll respect the mental health issue the same as if you needed a leave of absence for, say, surgery. But, if just continue to go on without seeing someone and you aren't performing, you might be out of a job....Show more
Joni Ziak: Your own belief that you need help is not enough to protect your job. No employer is required by law to protect your job is you are unable to perform your work. The only exception is if you document a legitimate illness and arrange FMLA leave. That requires that doctors agree that you have a long term illness and that you must be off work in order to treat it. If you simply fall down in your duties, you will probably be fired.
Denna Prudente: are you ina union
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