Expert: Joyce A. Anthony - 10/28/2006

Question
I have recently diagnosed bipolar2(4 weeks ago)  I spent 5 days in the hosp. because my lithium level was too high 1.3 on 600mgs a day.  Once Home my boss called to see how long I would be gone, to let me know that she needed  a Dr. slip to return.   While still on leave I was asked in to discuss my illness with my co workers.  They were a bit uneasy, so we agreed for me to start back part time the following week.  The next morning my boss calls me and asks for my resignation.  Insisting it has nothing to do with my illness, it is just too much of a disruption.  I teach computer to 1 - 8th graders, please lead our community service team, as well as some other duties at a small private school.   Is there anything I do to either get my job back, or is there some form of temp disablity?
Thanks for your help.
Melody

Answer
Melody:  

My first advice to you at the moment is to do two things--contact the unemployment office in your area and explain to them exactly what you did to me.  Second, if you belong to a union, contact them immediately.  You may also want to contact the ACLU, American Civil Liberties Union, and I will explain why.

What has been done to you is completely illegal.  The request for a doctor's excuse was within your employer's rights.  However, asking why you were hospitalized and having you "discuss it with co-workers" was completely against the law.  If an illness is not work-related, such as falling on the job, your employer is NOT allowed to ask you why.  All they need to have is a doctor's note saying you can return to work on a set date.

In addition, it does not concern your co-workers.  It was a breach of confidentiality for your employer to even relate such information to them.

The timing of the dismissal indicates what I'm sure you already believe--that it is directly related to the hospitalization and diagnosis.

A bipolar illness does not affect your ability to do the job you described--especially if you are being treated for it.  You have just cause for a case here--and I believe the unemployment office will provide you with unemployment compensation while you try to rectify this situation.

I wish you luck.  Please feel free to contact me again should you have further questions.

                            Joyce A. Anthony