I two questions regarding Business?
First, I have been depressed for awhile and since my senior year has start at high school more problems have occurred. Other co-workers who have been fired made my depression worse and then school and college and home and just not being good enough alll around. it seems like an avalanch and its all coming down on me you. and tonight my employeer told me i have one week to get things together or i am gone, can does ADA protect me for depression and what would i have to do to get them to protect me? if i were to get physical proof of depression and notified them would i be able to sue if they fired me?
Also if i am fired being that i am in high school and 18 going on 19 can i claim unemployment? i have had my job for over a year.
- Anonymous9 years agoFavorite Answer
I don't think that you are eligible for unemployment nor do you really fall under a status where ADA will help you, i.e. I doubt that you would win a lawsuit.
Although clinical depression is a mental impairment under the ADA, not everyone with clinical depression will qualify for coverage. In 1999, the Supreme Court ruled ( Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc. and Albertson's Inc. v. Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure". This means that even though clinical depression is a permanent condition, if you are able through medications and therapy to perform major life activities without difficulty you will not meet the ADA's definition of "disability."
I don't think that you would be able to find a doctor who would sign-off as you being 'clinically depressed' at this point, according to your description of the situation. (But there ARE shady doctors who WILL sign-off on such things so long as they get paid a share of the award). You are so young though that the court would probably find that you are not clinically depressed and need to try other 'medications and/or therapy'.
As for unemployment, I guess it depends on what state you are in (laws differ). But in general, if one is going to school, that means that one is not available to take any job shifts offered. That's a condition for unemployment - you have to be able to take any shift offered. I only filed for unemployment once in my life - I was declined because I was going to college part-time. I appealed the decision, but they upheld their decision. Since I had to be in school say from 8AM to 11 AM, in their eyes I was not available to take any job offered, hence not eligible for benefits.
Going back to ADA, I don't think that you could sue the previous employer, at least not for much. If you were to 'win' such a case, you probably would not get a thing. Your employer would have to take you back and pay for the court costs, that's about it. Naturally, the employer being forced to take you back would make your life a living hell, to be honest. You would be watched like a hawk and written up for the slightest errors and be fired again in fairly short order.
So pull yourself together. It's not really relevant that others have been fired recently. That has nothing to do with you and is irrelevant to a court-heard case regarding YOUR depression.
- clepperLv 43 years ago
call smart.. i cant somewhat think of of any.. consistent with danger your final call like ur first theory.. yet provided that it sounds stable. consistent with danger some thing like "your city" tack shop.. Ex: la Tack or Nashville Tack or w/e city you reside in. i cant help with huge form 2 (sorry) the thank you to get many times happening: i substitute into in basic terms at a horse coach, and what some people did substitute into they had a bigger trailer, like what you haul stuff with. and that they opened the area and back doors. And it substitute into full of tack. and you ought to bypass to smaller shows and try this. or make corporation enjoying cards (no longer flyer's.. corporation enjoying cards are extra expert) and im undecided the thank you to assist out with something. sorry