Legal Question in Disability Law in California

Terminated for reasons related to recently diagnosed mental illness

I was recently diagnosed with Manic Depression/Bipolar which was affecting my sleep patterns. I was terminated for reasons (tardiness and inappropriate behavior) which could be directly related to this recently diagnosed mental illness. I am currently receiving unemployment benefits which I won on appeal to the Appeals Board. Due to my concern over inability to solve difficulties, I sought medical intervention (specifically a psychiatrist). My medical condition was directly related to the difficulties I was having (specifically, tardiness). The inappropriate behavior is really not an issue as there has never been clarification on the part of the emploer. My supervisor was aware of and kept apprised of the my medical condition and the course of treatment I was under and a simple change of schedule or scheduling another person to report 30 minutes earlier would have worked. However, she stated in a memo to me that I did not have this option. Scheduled work hours were varied and this would not have created a hardship to the employer. Do I have a case?


Asked on 5/16/02, 6:45 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Terminated for reasons related to recently diagnosed mental illness

You might. It could be that they have a legitimate arguement, but having someone else start 30 minutes earlier does not seem like an unreasonable accomodation.

Please let me know if you would like some help in this matter. Either email, fax or call me with more details.

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Answered on 5/17/02, 4:55 pm


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