Legal Question in Disability Law in California

job and mental health

if my employer asks me to fill out form which include my mental health history (I was admitted to psychiatri hospital for depression while in High School) and I am still taking medicines for the illness what should I put down on the question and what is my right if I am fired because I told my employer the truth.


Asked on 4/30/07, 6:54 pm

3 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: job and mental health

That sounds like an illegal request -- what is the purpose of the form?

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Answered on 4/30/07, 6:56 pm
Terry A. Nelson Nelson & Lawless

Re: job and mental health

You have certain rights to privacy of medical history and records. The employer needs to justify why they seek this. If you have been accused of workplace violence or similar mental problems at work, then you could get into an area where they may have the right to make you disclose such things and undergo examination and treatment to keep your job. You're not going to get a legal opinion on this matter without a thorough consultation and discussion of all the facts. Feel free to contact me if interested in doing so.

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Answered on 4/30/07, 7:48 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: job and mental health

You don't say why your employer is asking you to fill out a form asking for confidential medical information. This is not legally permitted unless you are asking for an accommodation related to a disability. Even then, there are limits to what information an employer may ask for.

Generally speaking, it is illegal for an employer to fire an employee, based upon medical history, or a current medical condition, without going through certain procedures first. You should consult with an employment law attorney in your area to learn your rights.

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Answered on 4/30/07, 7:48 pm


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