Despite progress in mental health awareness and support, employees can still face significant challenges, including the risk of wrongful termination. Understanding your rights and the protections available under the law is crucial for ensuring fair treatment.
Legal Protections for Employees with Mental Health Issues
Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits discrimination against individuals with disabilities, including mental health conditions. Under the ADA, employers with 15 or more employees must provide reasonable accommodations to employees with disabilities and mental health conditions that substantially limit one or more major life activities. Unless doing so would cause undue hardship.
California Fair Employment and Housing Act (FEHA)
In California, the FEHA provides even broader protections than the ADA. FEHA applies to employers with five or more employees and prohibits discrimination based on physical or mental disabilities. It requires employers to engage in a timely, good-faith interactive process to determine effective reasonable accommodations for employees with disabilities.
Signs of Wrongful Termination for Mental Health Issues
Wrongful termination occurs when an employee is fired in violation of federal or state laws, employment contracts, or public policies. Termination based on an employee’s mental health condition, without proper justification or failure to provide reasonable accommodations, can be considered wrongful termination. Signs include:
Discriminatory Comments
If your employer or coworkers have made negative or discriminatory remarks about your mental health condition and shortly after, you are terminated.
Failure to Accommodate
If you requested reasonable accommodations for your mental health condition and your employer refused to provide them, or didn’t even attempt to engage in an interactive process to discuss accommodations and then terminated you,.
Retaliation
If you were terminated after requesting accommodations, taking medical leave, or filing a complaint about discrimination or harassment related to your mental health condition, this could be a sign of workplace retaliation, which is illegal.
Unjustified Reasons
If the reasons provided for your termination are vague, inconsistent, or seem to be a pretext for discrimination (e.g., sudden claims of poor performance or misconduct that were not issues before), it might be wrongful termination.
What To Do If You are Wrongfully Terminated for Mental Health Issues
- Document Everything: Keep detailed records of all communications with your employer regarding your mental health condition, requests for accommodations, and any incidents leading up to your termination.
- Request a Written Explanation: Ask your employer for a written explanation of the reasons for your termination. This can provide insight into whether the termination was based on your mental health condition.
- File a Complaint: If you believe you were wrongfully terminated, file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These agencies can investigate your claim and provide mediation or legal action if necessary.
- Consult an Employment Lawyer: Seek legal advice from a trusted Los Angeles wrongful termination lawyer. They can help you understand your rights, evaluate the strength of your case, negotiate with your employer, and represent you in legal proceedings.