I worked at this company a few years back, and was fired for not showing up to work. The thing is, I was having a schizophrenic episode at the time.

Is there anything I can still do about it?

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    We cannot answer legal questions here. You need to get the advice of an employment attorney. – Old_Lamplighter Apr 6 '18 at 2:45
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    Voting to close until the question can be fixed to clarify the objective. What do you want to have happen? Can you phrase this question in a way that makes it not just a legal question? What other details are there about your termination? Did you object to it at the time? Did you let HR know about your medical condition? Why have you waited this long to see if you have recourse? – Kent A. Apr 6 '18 at 2:46
  • How many days did you not show up to work for? – bharal Apr 6 '18 at 4:01
  • you have to prove they knew of the disability and refused to accommodate without undue burden. can you? – dandavis Apr 6 '18 at 21:12

I don't think you have any recourse at this point. While the law protects you from discrimination based on a mental health issue, according to the US EEOC:

Is my employer allowed to fire me because I have a mental health condition?

No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.

An employer doesn't have to hire or keep people in jobs they can't perform, or employ people who pose a "direct threat" to safety (a significant risk of substantial harm to self or others). But an employer cannot rely on myths or stereotypes about your mental health condition when deciding whether you can perform a job or whether you pose a safety risk. Before an employer can reject you for a job based on your condition, it must have objective evidence that you can't perform your job duties, or that you would create a significant safety risk, even with a reasonable accommodation (see Question 3).

Source: https://www1.eeoc.gov//eeoc/publications/mental_health.cfm?renderforprint=1

They will argue that by failing to show up for work you demonstrated objectively that you can't perform the job duties. You might be able to argue that a "reasonable accommodation" could have been made but that will be difficult given how much time has passed.

Ultimately this is only my opinion. For more reliable advice, consult an attorney in your area.

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  • Further, you are not protected if you haven't gotten an accommodation beforehand. If they had no way to know you had a disability, they are in no way obligated to make allowance for it. – HLGEM Apr 6 '18 at 17:03

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