Legal Question in Employment Law in California

fired from home depot

I was fired from The Home Depot for non compleation of a PIP (Proformance Improvement Plan) Basicly I was haveing alot of personal problems and was suffering from depression missing some days with out having sick time to cover it. I was under a Drs care for depression the entire month of Jan 2006 through the home depot care line. After i was fired the depot denied my unemployment I took them to a hearing and the judge ruled in my favor due to depression Do I have a case


Asked on 2/24/07, 9:03 am

3 Answers from Attorneys
Michael Stone-Molloy The Lion's Law Office

Re: fired from home depot

I believe you may have a case for wrongful termination and disability discrimination. Mental health problems are still very much stigmatized and discriminated-against in the workplace, but it is not any more lawful to hire someone because they suffer from depression than it is to fire someone for not having a leg. This is something I feel strongly about.

I would like to know some more details about your case, however. What notice did your employer have about your condition? Was any attempt made to accomodate you on the job? Were there any other positions in the company that you could have filled, and if so, were they offered to you?

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Answered on 3/10/07, 1:51 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: fired from home depot

You may have a civil case for violation of ADA as well as other causes. Call me directly at 1.619.222.3504.

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Answered on 3/19/07, 3:53 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: fired from home depot

First thing what you need to do is to contact the Dept of Fair Employment & Housing. After you get a right to sue letter you need to file the lawsuit within one year of the right-to -sue notice.

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Answered on 3/10/07, 10:54 am


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