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medication for depression giving me problems trouble at work. help.


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#1 BlueOnion

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Posted 04 December 2012 - 04:59 PM

About 2 months ago I was diagnosed with depression and general anxiety disorder. I was prescribed Vibrid and Adavan. I started taking the medication and could tell that it caused me to feel tired. I missed what would normally be a minor problem. forgetting to send out an e-mail to the team I manage. today I found out that my manager is going to write me up for the mistake. I know this had something to do with the medication. as the dose was raised from 10mg to 20mg to 40mg, I gradually got more tired and things started to slip at work but I did my best to keep up on it. I am taking this medication mostly because of work stress [i work in what you could consider a hostile type of environment where mistakes, even minor ones are punished]. there appears to be some fairly lengthy HR rules in place [I work full time for a large municipality]. Do I have any rights because I was taking the medication? I didn't tell anyone yet, because of the stigma and because there has been some issues of managers asking about medical problems. I didn't want to offer up that I take antidepressants. the medication is helping me now but I'm still a little tired from it. I don't want to stop because of this but I worry about getting fired. help...

#2 Tax_Counsel

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Posted 04 December 2012 - 05:23 PM

Your mental condition may be a disability and protected under the Americans with Disabilities Act (ADA). You need to understand a critical thing about the ADA, however: it does not protect you against adverse action from your employer for errors you make in your work. What it does is protect you from discrimination solely because of your disability and it requires the employer to provide reasonable accommodation to allow you to overcome the disability so that you can do the work at the required level of performance. If there is something the employer can reasonably do to accommodate the disability so that you can do the job properly, at least until you are used to the drugs and aren’t so tired anymore, you may ask the employer to provide that. You will, of course, have to disclose the disability for that. Right now, the employer has no knowledge of your disability and if you got fired today the ADA would not help you. If you want help from the ADA, the first step is telling the employer of the disability and then working with the employer to find a solution to the problems you face because of the disability.

For more information, see the U.S. Equal Employment Opportunity Commission’s ADA page.

#3 BlueOnion

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Posted 04 December 2012 - 05:30 PM

Thanks. Is this considered a legitimate disability by the ADA?

#4 Tax_Counsel

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Posted 04 December 2012 - 05:56 PM

Thanks. Is this considered a legitimate disability by the ADA?


It may be. The determination of whether it is a disability depends on how the condition affects you specifically. The EEOC’s enforcement guidance for psychiatric disabilities will give you a good overview of the way these conditions are treated. Note, however, that this guidance was issued before the changes to the ADA in 2008 which expanded the definition of disability. Thus, it is more likely today that these kinds of problems may qualify as a disability than was the case when this guidance was issued.

#5 NewYorkEmploymentAttorney

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Posted 05 December 2012 - 06:50 AM

Your condition may be considered a disability under the Americans with Disabilities Act ("ADA") but it may also be protected as a disability under State Law.

www.QueensEmploymentAttorney.com
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#6 Guest_FindLaw_Amir_*

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Posted 05 December 2012 - 12:19 PM

To learn more about your rights, you may wish to visit the Employment Law Center and read ADA: Disabilities & Your Rights as an Employee as a good resource.




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