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.
· 9 years ago