Can a company fire someone for anxiety and depression?

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Can a company fire someone for anxiety and depression?

I have been diagnosed with anxiety and
depression that manifests in anger. I
take a regular medications for these.
But I have ran out of money until my
next paycheck is deposited. I was laid
off for 45 days due to getting told to
have paperwork to show that my police
record was not a felony…in which it
was NOT A FELONY.but the runaround to
prove it took a lot out of me, not
knowing if I still had a job or not. I
was the sole income for this summer
since my husband was a bus driver for a
school Corp. And was on lay off. I also
have the medical insurance coming out of
my check. We have been relying heavily
on friends and family to feed our family
and pay bills. So I would by food before
my meds. I have 2 kids to take care of,
well I’m back to work but my emotions
are all over the place. I’ve tried to
talk to my GM but she is always, putting
me in her shoes and how I shouldn’t have
a job if I can’t keep my temper in
check, and I’m like I’m trying, but I’m
human, why do I have to have so much
thrown at me right here right now. She
has went behind my back and has told
people all about me. Do I have to just
accept her doing this to me?

Asked on August 28, 2017 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You cannot be fired for having mental or emotional conditions, but you can be fired for how you behave or act, even if the actions are the product of your conditions: if you lose your temper or act inappropriately at work, or are unable to get your work done, due to your anxiety or depression, you may be terminated. Your employer is not required to accept behavior which disrupts the workplace or to pay unproductive workers. To use an analogy: an alcoholic may not be fired for *being* an alcoholic, but may be terminated for drinking on the job or being intoxicated at work.


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