I’m an employee who suffers from ADHD. I began having problems at my job when my workload increased. I told my boss that I was having difficulties with my medication but was still put on a one month performance plan. Immediately after being put on this plan, they double my workload for more than two weeks. This all caused me to have severe anxiety and now the plan is going to end and I may get fired. I have asked for an accommodation and they say they are reviewing it. They were less than helpful. I have not been employed a full year yet. Is there anything I can do?
If your employer has five or more employees, under the California Fair Employment and Housing Act (FEHA) it is unlawful for your employer to discriminate against you based on your medical condition/disability or your need for a reasonable accommodation. You should contact an employment law attorney. Many employment law attorneys offer free consultations.
Far more would need to be known. This area of law is very fact specific and legally complicated.
Without knowing more, it would be a very good idea to get to your doctor who diagnosed you with your ADHD condition and get the doctor to outline the kinds of specific accommodations that you need so that you can continue to perform the essential functions of your job.
You need to realize that your employer can terminate you unless you can continue to perform the essential functions of your job with these accommodations. If you cannot do the essential functions of your job, even with accommodations, your employer is allowed to terminate you. If you can do those essential functions with accommodations then the employer must extend those accommodations to you unless doing so would create an undue hardship on the company.
If you get the doctor note to the employer and the employer refuses to provide the accommodations that would allow you to continue performing your job, it would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
