I was seeking help through my companies confidential employee assistance program for symptoms of depression and possible bipolar. I was terminated without warning for unacceptable behavior, which in the termination letter it did not state what kind of behavior. Is this legal if I was trying to get medical help using a service my employer provided and then fired for the behavior without any notification or questions to see if I was getting help? Also, the employer has given employees with alchol problems a chance to use the EAP services but told me after I was terminated my case was different.
1 Answer from Attorneys
Re: Bipolar Disorder
Employers are not required to keep people employed who exhibit inappropriate behaviours at work that could endanger someone else or cause disruption of business. An employee can't act out, and then claim an undiagnosed possible disorder as a reason not to be fired. Unfortunately, the law does not require that level of employee commitment, although maybe it should.
You should seek local counsel on whether the facts of your case suggest an ADA or accomodation violation.