Can I be fired for missing work due to mental illness though my work does not suffer?

I have been diagnosed with severe anxiety and depression. With that being said, this causes me to miss work about once a week sometimes more sometimes less. When away from work I continue to do my job by working remotely from home and my work does not suffer or slip. I meet every deadline I am given, I produce results that they have admitted impress them and are way beyond anything they expected and I am also a very hard worker. Unfortunately I have my one large flaw that has hurt me and prevents me from going to work every day though I do try. I have had my job threatened multiple times for simply

Asked on April 11, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they do have the legal right to terminate you for missing work, even if you get your job done, and if they terminate you for this reason, it is not illegal disability-based discrimination. While an employer cannot fire you for having a mental illness, it can fire you for what you do on or about your job--and that includes for missing work, since employers may legitimately require employees to come to work and work onsite, rather than working remotely or at home. So if you miss work due to your condition, you may legally be fired.

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