Do I have a discrimination case or not?

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Do I have a discrimination case or not?

I was out on disability from 3 months with a diagnoses of severe depression,
anxiety and insomnia. I was forced back to work because the disability insurer
didn’t wan’t to pay my claim it was denied before they even heard any of the
facts and they kept calling my doctors office daily for more info. The problem is
I was medicated and irrational and I started taking home equiptment for no reason
and I got scared so I told a family member to discard it and found out it was
being sold online unbeknownst to me. I found out at the investigation and made
full restitution no charges were filed I would have never done such a thing in my
right mind but my employer looks at it as simple theft and doesn’t even want to
hear my side. I am sick and seeking help is there anything I can do?

Asked on June 27, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No,this is NOT illegal employment discrimination. While an employer may not discriminate against (e.g. terminate) an employee for having a disability or medical condition, they *can* take action, including termination, against a disabled employee for his or her behavior or acts, even behavior or acts due to the medical condition: your condition does not give you the right to harm others, steal, disrupt your employer's business, etc. For example, an employer could not terminate an employee for being an alcohalic--but could terminate him or her for drinking at work or being impaired at work. Similarly, you could not be terminated because of your mental/psychological conditions, but the employer can discipline or terminate you because you committed theft (took home equipment), even if you made restitution once investigated.


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