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chrystalrose · Sep 13, 2013, 01:05 PM

I live in AZ and suffer from Major Depressive Disorder, Fibromyalgia and Post Traumatic Stress Disorder. I have been with my company for 9 months now, just promoted to a new position 3 months ago – was given a $1.00 raise a month ago within this new position, praised only a few short weeks ago on my job performance. Last week I suffered an extremely rough about of depression and Fibro pain and was out Tuesday – Friday – all which I can back up with a doc’s note. Feeling badly for the company, I advised my boss it might be better for them to find someone else for the job because I felt badly about my absence. On Firday I asked if advised my boss that I was seeking help to adjust my meds, etc and asked if I could keep my job. I was advised that there was nothing that could be done that they needed someone they could count on to be there. Do I have any legal recourse?

N0help4u · Sep 13, 2013, 01:12 PM

By you suggesting it first and then needing additional time off I'd say you don't have much of a chance. With the medical leave laws you might have a little hope . The company has to look at it from their point of view which boils down to production and cost effectiveness

joypulv · Sep 13, 2013, 02:10 PM

You have no recourse, sorry. Being let go or not has nothing to do with a doctor's note, meds, changing your mind based on meds, or any of what transpired. They can let you go for any reason except race, creed, etc. And disability reasons, covered under ADA, don't cover this situation either.

AK lawyer · Sep 13, 2013, 06:01 PM

If there are more than 50 employees, the Family and Medical Leave Act might apply. On the other hand, it does appear that you more-or-less invited them to fire you.

joypulv · Sep 13, 2013, 06:18 PM

I just realized that this is a demotion back to the job of just a short time ago, not termination.

Fr_Chuck · Sep 14, 2013, 07:50 AM

I agree, first you suggested it.

Second, even if you did not suggest it, they are not firing you, merely re-assigning you. They may do that anytime, for no reason if they want. ** unless there are contacts.

But just having a doctor excuse, esp if there are a lot of absence does not help.