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Can I sue my former employer for firing me after I returned to work after suffering from massive depression

Asked over 3 years ago - Silverdale, WA

I have worked for (name of employer omitted)...a very large powerful U.S. Corporation since june 2005 in (name of state omitted) state. In 2007 I suffered massive depression and had to admit myself for over a month into a psych ward..I returned to work and found myself outed by management. I was never looked at the same. They pretty much said i should try counseling and not bring my personal life to work. I bent over backwards to get thier respect back. Then in August 2008 I miscarried my first child, it was hearbreaking and my boyfriend was deployed at the time. I returned to work two days after my micarriage and had to go push carts outside in the rain and wind, i hemmorghed after my shift and went to my doctor, i went on medical leave for a month. I returned in late Sep 08, and got written up for excessive sick calls, no bending the rules for me, which they do for others constantly. I am currently under discrimination and been suspended for 3 days in which they decide whether or not they will fire me. I dont care if i am fired, but i want to know my chances of a lawsuit to prevent being defamed. I am a native american female (only one in warehouse). I am considering a medical lawsuit for discrimniation against loss of my child, and mistreatment (harrasment, lack of interest, being made to physically exert myself). Any law experts out there that can help?????

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Attorney answers (2)

David Alexander Phipps

Reputation Level 11

Answered over 3 years ago. Contracts / Agreements Lawyer in City Of Industry, CA.

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There is a possibility that you have viable claims against the employer for violation of your privacy rights regarding your medical condition and treatement, and for sex discrimination based on the bending of rules for everyone but you. There is only one way to find out. Use the Yellow Pages or some other source, find an employment litigation attorney, call for an appointment, go to the appointment and tell your story. If that first appointment doesn't work out, try a different attorney. If you go to three or four such appointments with attorneys who are experienced in employement litigation and all of them tell you that you don't have a case, then you don't. If you have a good case, one of them will take it. Make sure that the written fee agreement provides that the attorney gets paid only out of the award or settlement and that you don't have to pay any expenses along the way. Don't delay because there are time limits. Your attorney will advise on whether it is necessary to first file your claim with the Equal Employment Opportunity Commissions.

David

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Robert William Conti

Reputation Level 7

Answered almost 3 years ago. Employment / Labor Attorney in North Hollywood, CA.

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First, I'm sorry you're had to go through so much in such a short period of time. I practice in California, so I suggest seeing an employment practitioner in your state. At the very least, the Americans With Disabilities Act protects individuals with disabilities, either physical or emotional, that have a substantially affect your ability to participate in major life activities. Depression, as well as the physcial problems of the miscarriage, could qualify you for protection (it most definetly would under California law). If you are a qualified employee entitled to protection, they have to try and reasonably accomodate you. An extended leave can be considred as a form of reasonable accomodation. You need to seek counsel who knows the state laws as well as the ADA.

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