Understanding Your Employment Rights Under the Americans with Disabilities Act (ADA) ive been having some temper and stress management at work. im current suspended pending termination due to it. does the above cover me if i seek out help? i have already been to therapist, just need to schedule appointment once insurance clears. IF i see therapist before i have meeting with HR, would that save me OR legally can they not fire me becuase im seeking help for a problem?
The best legal advice is: Talk to a lawyer. If your anger is not the result of a diagnosed medical condition, you may not be covered under the ADA, whose requirement for disability appears to be "s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected." http://preemploymentscreeningarticl...disability-act-and-violence-in-the-workplace/
It also depends on your state's stance on lawful termination. In PA, someone can be terminated for any reason, whether there's just cause or not. If they don't want you anymore, you're gone. There is almost always just cause, but unless there's a pre-existing condition that's been professionally diagnosed, there may not be a case for defense. Also, if your organization allows for a peer review, you may have a chance to state your case. If not, and you're terminated, you either need legal council if you feel in the right, or plan on finding alternative employment. (I used to be on the interview team at work, so this comes from working knowledge)
