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Wednesday, November 12, 2008 dymd3z, Community Member, asks

Q: Is it illegal to fire someone diagnosed with "major depression"?

I've recently been diagnosed with what I'm told is "major depression". I work at a restaurant and I was just fired today with a bogus reason that "I'm costing the restaurant money and I'm not at where I should be." I know this is BS as I haven't been a slack employee, never had any complaints, and it's only been 2 months. Considering my mental health, is this illegal? I would think so, and if it is, should I sue?

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Answers (2)
Dr. Diana Walcutt, Health Guide
11/16/08 8:06pm

Hi Dymd3z:

You sound really hurt, and I'm sorry. Before you try to sue a company, contact your lawyer and ask if you really have a case. Companies have money and lawyers that you do not, and if they really want to get rid of you, they will find another reason to fire you.


You might go to the ADA to see what is considered a disability and what is not. If you have been in treatment with a psychiatrist for depression for a long time, have been taking your meds as prescribed and your doctor is willing to write a letter stating that you are NOT disabled, then, no, they probably shouldn't be able to fire you.  If you are disabled, then you should probably apply for disability.  At the very least, you might qualify for unemployment.


What do you hope to accomplish with this lawsuit? Do you want your job back? Why would you want to work for a company that doesn't want you there?  If you think that you would win alot of money, you might be surprised how little you would be entitled to, and your lawyer would take most of it.


Best advice, find another job.

Dr. Diana Walcutt



Englishteapot29, Community Member
11/13/08 7:40am

Hi there I was fired from Walmart 2-years ago because of my mental illness and yes it is illegal for you to get fired because someone diagnosed with major depression. Also, I would sue the company.

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By dymd3z, Community Member— Last Modified: 12/22/10, First Published: 11/12/08