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Is it legal to fire someone because of mental illness,& for the boss to tell someone you are going to be fired


My dad has been at a company for over twenty five years and has been severly depressed for past three. He has been trying to get help, he completed an outpaitent program about two months ago. He is trying to get into an inpaitent program right now but is running into problems with insurance paying for it. Anyways my sister knows his boss and his boss mentioned to her that he was going to get fired. I was wondering if it was wrong for him to tell my sister and also is it illegal since he is trying to get help? Please i will take any advice i can get. thanks!

No it is not legal to fire someone just because they have a mental illness or disability because of a little thing called the American's with Disabilities Act. He cannot be fired just because of his mental condition (because that would be considered discrimination under the ADA). However, if he is no longer able to perform the job he is hired for, that is another story.

Most states are considered "at-will" states, which means they can fire you "at will". Without reason, as long as it isnt in regard to race, sex, religion, origin, etc.

It's unfortunate, but it happens.

yes it is legal, no it is not illegal to tell the world he is being fired.

if its effecting his work performance why wouldnt he get fired? he may be trying to get help but thats not doing his job for him. I mean 3 years is a bit much to keep someone one whos not doing h is job. Perhaps he should have went on medical leave if it was bad enough for him.

If you live in a "right to hire, right to fire" state they can fire you for no reason at all. but in this case id think they would have reason

Ask yourself, would they had kept your father for the past few years, because he was productive for most of the 25 years.
I assume employer feels he is being generous to your father.

Yes, you can fire someone for any reason whatsoever as long as there isn't a printed policy to the contrary.

I think the boss was trying to be nice and give a bit of "heads up" so that your family could plan ahead. It probably would have been better for him to have stayed quiet, but he apparently didn't want to leave the family unprepared. He sounds like a nice guy who doesn't have a choice in the matter. Your dad's performance must be hurting the company.

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