When does ‘I quit’ mean ‘Help, I’m disabled’?

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in Discrimination and Harassment,Employment Law,FMLA Guidelines,Human Resources

BY MINDY CHAPMAN, Esq.

Employees today are anxious about losing their jobs. On the extreme, they may be experiencing full-blown clinical depressions.

If you know an employee is suffering from depression, don’t be so quick to accept his or her hasty resignation, a new court ruling shows. Instead, you may need to identify this person as “disabled” under the ADA and, therefore, engage in an interactive process to find a work accommodation.

Case In Point:
Marcy Ann Smith, an Iowa state employee, went out on FMLA leave after being diagnosed with depression. Just before she planned to return to work, Smith showed up and resigned.

A few days later, she asked to withdraw her resignation. Her employer refused. It said she could apply for other state jobs. She did, but all her applications were denied.

Smith sued under the ADA, saying supervisors refused to rehire her because they knew she suffered from depression. She...(register to read more)

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