What rights does an employee have under the ADA?

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What rights does an employee have under the ADA?

I was recently let go from my job. I had a suicidal episode that I was able to prevent buy seeing a therapist. I had to call off work to see them. My manager told me it was fine and to,

Asked on October 8, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your suicidal episode was not a work and you did not otherwise act out at work--and also called out in a permitted way--then it may well be illegal, disability-based employment discrimination to terminate you due to an emotional or psychological issue. If this was the case, you could file a complaint with the EEOC or your state equal/civil rights agency.
However, while you cannot be terminated simply for havin a condition or problem, you can be terminated for behavior or actions, even if caused by a condition or problem. So if you acted out at work, you could be terminated for that; or if you did not call out in an approved way, but just missed work when it was not authorized, you could be terminated for the unauthorized absence.


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