Can I sue my former employer for firing me me for reasons directly related to post traumatic stress disorder?

Asked over 1 year ago - Farmingdale, NY

My former employer fired me for reasons directly related to Post Traumatic Stress Disorder. A few months before my termination (3 months total) I found my mother unresponsive on the bathroom floor and after doing CPR and getting her to a hospital she passed away on me. I didn't expect that to have the impact that it had on me. I couldn't sleep, or eat. Kept having nightmares. I keep reliving that night over and over, blaming myself. This trauma carried over into my everyday activities and my work. I told my manager the reason for my lack of concentration and minor mistakes were because Im constantly sleep deprived, depressed and moody. I got help, seeing a psych and a therapist and they have me on meds. But I wasn't given time to heal and they offered no help. Can I sue for wrongful termin

Attorney answers (4)

  1. Vincent Peter White

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Post traumatic stress disorder is a disability and if that is why your employer fired you, you should sit down with an experienced employment attorney for a free consultation immediately.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  2. Ronald Joseph Kim

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You MAY have a claim under the Americans with Disability Act. You should speak to an attorney experienced in this type of claim as soon as possible.

    If you don't know one in your area go to www.nela.org and search for one in your area.

    Good luck,

    No attorney client relationship has been created by this answer.
  3. Denise Kingue-Bonnaig

    Contributor Level 9

    1

    Lawyer agrees

    Answered . It’s crucial for an experienced employment lawyer to determine (after delving more deeply into the facts with you), whether you were terminated on account of the employer’s ‘well-founded’ reasons that you were performing poorly, or whether you were actually terminated because of your medical condition/disability.

    If it appears that your medical condition/disability was the motivating factor for your termination, you may have a case of disability discrimination under the NY State Human Rights Law.

    It would also be key to evaluate whether employees similarly situated to you have suffered post-traumatic stress disorder, exhibited similar symptoms, but still kept their jobs. If so, are you of a different race/gender/sexual orientation, etc from them?

    -Denise K. Bonnaig
    212-374-1511

  4. Mitchell Aaron Nathanson

    Pro

    Contributor Level 15

    Answered . The only thing I can think of is the ADA, but you'd need to ask an expert on that. Otherwise, if you were an at will employee you can be fired for any reason, and if you were contracted, it sounds like they have cause.

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar... more
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