Most states in the US have at will employment which means you can be fired for any reason with or without cause, so long as the reason doesn't violate federal laws designed to protect against discrimination and harassment.
You may actually fall into the latter group and quality for protection under the Americans With Disabilities Act (ADA). It requires employers to make reasonable accommodations as long as they do not interfere with work performance or put undue hardship on the employer.
As you work in an office and do not interact in a customer service situation, not being required to smile is a very small accommodation to request. There are limits to how ADA applies to depression, but the accommodation you are requesting is so minor that I doubt any court would rule against you.
So as silly as it sounds I would go to your doctor and get a note that says that smiling is a hardship for you and turn it in to your human resources Dept. They can always make another reason up to fire you anyway, but they will likely be scared to for fear of a lawsuit once you have documented the situation. This is especially true if you work for a large corporation as they tend to be serious about labor laws and very weary of lawsuits that draw negitave press.
Thank you, I appreciate this. I never tried to get disability, even though I have been diagnosed with bi-polar disorder, depression and chronic fatigue syndrome. I'll try to have someone help me with this. No one understands how difficult it is and that I am doing the impossible by just forcing myself out each day. I struggle just to stand so it's a big deal for me.
It's true, I don't need to smile because I'm not serving customers anyway and even if so, I shouldn't have to if I have a disability note.
Thanks again, I appreciate this response as it was very comforting.
Boss told me if I don't smile more, I'm out...IIN?
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Most states in the US have at will employment which means you can be fired for any reason with or without cause, so long as the reason doesn't violate federal laws designed to protect against discrimination and harassment.
You may actually fall into the latter group and quality for protection under the Americans With Disabilities Act (ADA). It requires employers to make reasonable accommodations as long as they do not interfere with work performance or put undue hardship on the employer.
As you work in an office and do not interact in a customer service situation, not being required to smile is a very small accommodation to request. There are limits to how ADA applies to depression, but the accommodation you are requesting is so minor that I doubt any court would rule against you.
So as silly as it sounds I would go to your doctor and get a note that says that smiling is a hardship for you and turn it in to your human resources Dept. They can always make another reason up to fire you anyway, but they will likely be scared to for fear of a lawsuit once you have documented the situation. This is especially true if you work for a large corporation as they tend to be serious about labor laws and very weary of lawsuits that draw negitave press.
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7 years ago
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Thank you, I appreciate this. I never tried to get disability, even though I have been diagnosed with bi-polar disorder, depression and chronic fatigue syndrome. I'll try to have someone help me with this. No one understands how difficult it is and that I am doing the impossible by just forcing myself out each day. I struggle just to stand so it's a big deal for me.
It's true, I don't need to smile because I'm not serving customers anyway and even if so, I shouldn't have to if I have a disability note.
Thanks again, I appreciate this response as it was very comforting.