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1. Can an employer terminate an employee if they found an employee is taking consultation with Psycratic or taking antidepresive. 2. How can company appointed Doctor/ Psycratic will proof that an employee is suffering from mental illness. 3. If an employee is suffering from Depression/Anxiety due to harassment of company then what is the legal protection of employee. 4. If any employee is suffering from any physical problem company is having sympathy with them but if an employee is suffering from a mental illness [Anxiety/depression] there is no social sympathy or legal protection. Yes its true I am taking antidepressant prescribed by Dr. to stay fit sice few years to manage unwanted pressure created by my private company on me. Company HR got this information from their some sources and start harassing me to quit the job and resign But I do not resign then Can I fight with company on this issue. Is there any legal protection of persons suffering from mental illness.
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An employee cannot terminate merely on the basis that a person suffers from psychiatric illness, it should be proved that because of the illness he is unfit for the job. If you go to court, if the company fires you citing psychiatric illnesss as the reason, the court will refer you to a government medical board comprising of psychiatrists for opinion. They will re assess you completely over a period of time and submit their report to the court, based on which the judge will decide. All the best.
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