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Ask HN: I was let go for writing about my depression. What should I do?

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Re: Ask HN: I was let go for writing about my depression. What should I do?

#21
Everyone seems to love how much power they have with social media. Look at the ex-Mozilla CEO. He was bullied and forced to quit as a result of his beliefs.

The flip-side is that business owners can also use this power against you. Be careful what you post on social media, it may come back to get you.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#22

I wrote an article about the ADA amendments a few years ago: https://www.scribd.com/doc/246397486/The-ADAAA-Congress-Brea... Major depression, or the perception that someone is depressed, is now considered a disability that the ADA applies to. If an employer takes a hostile action (denial of promotion, firing, etc.) against someone based on their disability, the victim can sue the employer. Proving that they fired yo…

This is impossible to word without sounding bad, but I'm legitimately curious as to how the situation would play out:

If a workplace terminated an employee due to writings that the employee wrote which alienated the rest of the workplace and made them feel unsafe, wouldn't that be a pretty easy thing to attest in court ,that the termination was not wrongful but rather motivated by trying to keep a friendly work atmosphere and ensure workers' safety?

That seems like the thing to focus in on if one were to be defending against such a case.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#23
post #22

I wrote an article about the ADA amendments a few years ago: https://www.scribd.com/doc/246397486/The-ADAAA-Congress-Brea... Major depression, or the perception that someone is depressed, is now considered a disability that the ADA applies to. If an employer takes a hostile action (denial of promotion, firing, etc.) against someone based on their disability, the victim can sue the employer. Proving that they fired yo…

This is impossible to word without sounding bad, but I'm legitimately curious as to how the situation would play out: If a workplace terminated an employee due to writings that the employee wrote which alienated the rest of the workplace and made them feel unsafe, wouldn't that be a pretty easy thing to attest in court ,that the termination was not wrongful but rather motivated by trying to keep a friendly work atmos…

You'd have a pretty hard time making the case that the OP was making his co-workers feel unsafe unless you had some concrete proof of a threat of violence or something along that lines.

Not wanting to work with a depressed person is not a valid termination reason because of the categorization as a disability.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#24

Everyone seems to love how much power they have with social media. Look at the ex-Mozilla CEO. He was bullied and forced to quit as a result of his beliefs. The flip-side is that business owners can also use this power against you. Be careful what you post on social media, it may come back to get you.

Yeah it really sucks when a wealthy white homophobe is brought down by power hungry social justice warriors, doesn't it.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#25
post #22

Earlier quoted context omitted.

This is impossible to word without sounding bad, but I'm legitimately curious as to how the situation would play out: If a workplace terminated an employee due to writings that the employee wrote which alienated the rest of the workplace and made them feel unsafe, wouldn't that be a pretty easy thing to attest in court ,that the termination was not wrongful but rather motivated by trying to keep a friendly work atmos…

You'd have a pretty hard time making the case that the OP was making his co-workers feel unsafe unless you had some concrete proof of a threat of violence or something along that lines. Not wanting to work with a depressed person is not a valid termination reason because of the categorization as a disability.

I agree with this analysis. You'd need concrete proof of threat. Otherwise, any employer facing an ADA claim based on mental illness could use the excuse "We're afraid he'll murder us all in a depressed rage" to win.

Reading the post in question, I think the addiction issues are another possible cause of the employer's actions.

Addiction can also be considered an actionable disability, but you have to be treating it or otherwise on the wagon to file suit. I don't have a citation to that on hand, but it's out there.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#26

Have you read "mans search for meaning"? That guy lived in a concentration camp, so you probably don't have it that bad... Hope you find something better than pills and/or paying a shrink for the rest of your life. I know you can.

Would you tell someone not feel happy because someone else has it better? Then don't tell someone not to feel sad because someone else has it worse.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#27

Earlier quoted context omitted.

You'd have a pretty hard time making the case that the OP was making his co-workers feel unsafe unless you had some concrete proof of a threat of violence or something along that lines. Not wanting to work with a depressed person is not a valid termination reason because of the categorization as a disability.

I agree with this analysis. You'd need concrete proof of threat. Otherwise, any employer facing an ADA claim based on mental illness could use the excuse "We're afraid he'll murder us all in a depressed rage" to win. Reading the post in question, I think the addiction issues are another possible cause of the employer's actions. Addiction can also be considered an actionable disability, but you have to be treating it…

I should mention that I've managed to curb my addiction for the past year and a half now. Coming up to two years clean in December.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#28
post #19

As a person who's suffered from depression, and experienced discrimination because of it, I'd like to encourage you to both sue the shit out of this asshole, and name the company publicly. Don't be ashamed of your depression, and don't let people like this continue to get away with abusing those who suffer from mental illness.

[deleted]

The world needs more people like you.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#29
My advice is you must make contact asap with a lawyer who's specialised in Employment Law. He/she will be best placed to put things together based on what you have experienced and decide on the best course of action while gauging if there is or not a case of abusive dismissal. Letting you go while knowing you are suffering from depression is a serious offence.

Re: Ask HN: I was let go for writing about my depression. What should I do?

#30

Have you read "mans search for meaning"? That guy lived in a concentration camp, so you probably don't have it that bad... Hope you find something better than pills and/or paying a shrink for the rest of your life. I know you can.

Would you tell someone not feel happy because someone else has it better? Then don't tell someone not to feel sad because someone else has it worse.

I had to think about your question for a while. However, I think the issue is the premise: you imply "has it better" = "how you feel". Whereas Dr. Frankl says (and has observed) "you always have the power of choice, that's the one thing nobody can take away".

So no, I would say you can look to either people "having it bad" or "having it good" and finding in both cases they have the power to make choices.

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