SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.
Do you have an HR or work-related question you'd like him to answer? Submit it here.
I was terminated after I had a manic episode at work. My employer was well aware that I am bipolar I, and this was supported by my psychiatrist of 25 years. Do I have any recourse in fighting this termination? —Sebe
Johnny C. Taylor, Jr.: It takes strength and courage for you to disclose your medical condition. While the Americans with Disabilities Act (ADA) does protect employees from discriminatory employment actions based on disabilities, known or perceived, it does not completely shield employees from adverse employment action.
Employment is at-will in all states except Montana, which means an employer or employee can terminate the relationship at any time, with or without notice or reason, as long as the termination does not violate a law, such as anti-discrimination laws. Therefore, the reason for termination cannot be based on protected class status such as race, sex, color, age, religion, national origin, disability and genetic information.
On its face, you may have a legitimate case under the ADA, but it will depend on your prior work performance. Before you fight the termination, think about your job performance. Have you had any performance discussions or performance improvement plans? Did your employer document any misconduct or violation of...
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