Can you lose your job because of mental health issues?

Asked by: Arnulfo Gerlach  |  Last update: April 9, 2025
Score: 4.3/5 (22 votes)

Under federal law, workers with mental health conditions may be protected against discrimination and harassment at work related to their condition, have workplace confidentiality rights, and have a legal right to reasonable accommodations that can help them perform and keep their job.

Can mental illness disqualify you from a job?

Now let's talk about the law. In the US, the Americans with Disabilities Act makes it illegal for employers to discriminate against you -- including not hiring you, firing you, or not giving you the same professional opportunities they give others -- simply because you have a mental-health condition.

Can I lose my job due to mental illness?

While the ADA doesn't prohibit firing employees with mental health disorders outright, it does prevent employers from terminating them based on factors that have nothing to do with their performance or contributions to the team or company. Violating this condition could result in serious legal consequences.

Can you be fired over mental health issues?

The Americans with Disabilities Acts (ADA) protects employees from discrimination based on a disability—including mental health conditions like depression or anxiety.

What is considered a serious mental illness?

SMI includes major depression, schizophrenia, bipolar disorder, obsessive compulsive disorder (OCD), panic disorder, post traumatic stress (PTSD) and borderline personality disorder (VA).

#AskaLawyer | Mental health issues are affecting my job. What can I do?

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What is the hardest mental illness to live with?

Borderline personality disorder is one of the most painful mental illnesses since individuals struggling with this disorder are constantly trying to cope with volatile and overwhelming emotions.

What is classed as a severe mental illness?

The phrase severe mental illness ( SMI ) refers to people with psychological problems that are often so debilitating that their ability to engage in functional and occupational activities is severely impaired. Schizophrenia and bipolar disorder are often referred to as an SMI [footnote 1].

Can I get unemployment if I quit because of mental illness?

If you resigned because a physical or mental disability made it difficult or impossible to perform the work, you may be eligible for benefits. If you resigned because of illness or injury, you may be eligible for benefits if you meet certain conditions.

How much does mental health disability pay?

The maximum mental health disability pay through SSDI in 2023 is $3,267, and the maximum is based on the maximum annual earnings that are subject to Social Security taxes. The average monthly SSDI mental health disability benefit, according to the Social Security Administration, is $1,483 in 2023.

Should you quit your job if your mental health is suffering?

Yes, mental health is a valid reason to quit your job. Prioritizing one's well-being is crucial for long-term success and happiness. If the work environment negatively impacts mental health, it's essential to consider other options such as seeking professional help or exploring alternative career paths.

Can I lose my job if I go to a mental hospital?

Generally speaking, if you are admitted to a hospital due to a mental health crisis, your employer may not be able to fire you for that reason alone.

What do I do if I can't work due to mental health?

Check with the mental health agency where you receive mental health services. Your state may offer several different ways to find employment, including: Vocational rehabilitation (rehab) services. Rehab services help a person with a serious mental health condition or disability find and keep a job.

How long can you take off work for mental health?

The length of time an employee may be signed off from work with stress depends on the type and severity of their mental health issue. In some cases, it can be as short as a couple of days or weeks, but in more severe cases, may take several months or even longer.

What mental illness can't hold a job?

Conditions like major depression, schizophrenia, or severe anxiety can impair a person's concentration, decision-making, and ability to handle stress, making regular employment challenging.

How to terminate an employee with mental health issues?

Terminating Employees With Mental Health Conditions

Companies do not have have legal grounds to terminate employees or deny them promotions because of mental health conditions. Also, companies cannot make an employee take leave because of a mental health condition.

What are the 10 most disabling mental illnesses?

Mood disorders (major depressive disorder, mania, and dysthymic disorder), anxiety disorders (post-traumatic stress disorder, panic disorder, agoraphobia, social phobia, specific phobia, obsessive-compulsive disorder, and generalized anxiety disorder), alcohol use disorder, illicit drug use disorder, intermittent ...

Is it hard to get disability for mental health?

It can be harder to get disability benefits with a mental illness, but it's still possible. The Social Security disability evaluation process is heavily based on medical evidence, so you'll want to work closely with your doctors to document your limitations.

How much are most disability checks?

Social Security uses a formula to determine how much you should receive as your monthly SSDI benefit. SSDI payments range on average between is $1,300 and $1,600 per month.

Can my doctor put me on disability for depression and anxiety?

The symptoms of major clinical depression can make it difficult to carry out your day-to-day activities, including working. If your depression interferes with your ability to perform your job duties, you may consider filing a long term disability insurance claim.

What happens if you get fired for mental health?

If you believe your termination resulted from your mental health condition or accommodation request, report it to the California Civil Rights Department (formerly the Department of Fair Employment and Housing, or “DFEH”). You can request that the Civil Rights Department investigate your claim.

What to say to unemployment when fired?

“I did my best!” Tell the judge that your actions were not misconduct by showing that you made a good faith error in judgment; it was a one-time mistake; or that you just weren't good at your job. Incompetence does not disqualify you from benefits.

Can I resign due to mental illness?

Given the significance of mental health as a justifiable reason for immediate resignation, it is vital for the employee to secure the appropriate documentation to substantiate the mental health issues and their linkage to the work environment.

What is the most painful mental illness?

Borderline personality disorder (BPD) has long been believed to be a disorder that produces the most intense emotional pain and distress in those who have this condition. Studies have shown that borderline patients experience chronic and significant emotional suffering and mental agony.

What is a Level 1 mental illness?

Mental Health Care Level 1

The acute services required, such as crisis intervention, are less than 3 months duration, occur no more than every 2 years, and can be resolved without hospitalization.

How to work with someone who is mentally ill?

How to support someone with a mental health problem
  1. Talking about mental health. ...
  2. Set time aside with no distractions. ...
  3. Let them share as much or as little as they want to. ...
  4. Don't try to diagnose or second guess their feelings. ...
  5. Keep questions open ended. ...
  6. Talk about self-care. ...
  7. Listen carefully to what they tell you.