Fired/mental health

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Fired/mental health

I have been with a company for a year and a half now. I have documented anxiety disorder that the work place is aware of and I am currently on FMLA.I work for a company that provides free medical consultation for the products we sell as a health advisor. For the last year I have requested multiple time’s to switch to an earlier shift as the less compliant more difficult patients call during night time and increase my anxiety. The work center always refused to switch my shift for me. Last week while dealing with a customer who was bilegerent and continued screaming at my I had am axiety attack and swore under my breath and yelled back at the customer who later apologized to another coworker on the phone for her behavior. Then, 2 days later, I recieved a phone call from my boss saying they are letting me go. I explained my case and was informed that the situation was out of their hands and there is nothing they can do. Would this be considered work place discrimination or not?

Asked on February 5, 2018 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is not workplace discrimination based on what you write. They are not firing you for having a condition, which would be illegal; but they are firing you for what you did at work (swearing; yelling at a customer), which was disruptive. Even if you have a medical or psychological condition, you are not permitted to disrupt the workplace and may be terminated for doing so or for other behavior at work. For example, someone may not be fired for having an addiction; but they may be terminated for drinking (or using drugs) at work or being intoxicated/impaired at work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption