Chattanooga, TN asked in Employment Law and Employment Discrimination for Tennessee

Q: Can a company fire you for attendance if it's due to psychiatric illness?

Basically, if an employee has discussed with their supervisor that the reason behind being late was due to a psychiatric illness (for example Bipolar Disorder) and the discussion of taking a leave of absence, FMLA, and accommodation took place, but before being able to utilize any of these benefits the employee needed to go talking with the necessary counselor and psychiatrist so the appropriate documentations could be submitted for FMLA or accommodations. What happened before everything could be completed was that the supervisor terminated employment before everything could be finished. Are there any laws or protections in place to prevent a company from firing workers that are in the process of obtaining what they need for FMLA or accommodations?

1 Lawyer Answer
Carrie Dyer
Carrie Dyer
  • Employment Law Lawyer
  • Columbus, OH

A: Additoinal information is necessary to determine if your termiantion was unlawful. It sounds like your employer may have violated the Family Medical Leave Act and/or the Americans with Disabilities Act. You should reach out to an employment attorney in your area to discuss your options.

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