An employer-employee relationship can be impacted as a result of mental illnesses. Depending on the diagnosis, these illnesses sometimes require medical treatment or counseling that may or may not be of interest to the employee. While the employee has legal rights, so does the employer. Readers want to know, when an employee refuses to accept treatment or counseling, are these grounds for termination and is counseling mandatory?
Employment Lawyer, Daniel Lublin gives his opinion and explains to readers that an employer’s request for mandatory therapy is illegal and discriminatory in nature. Similarly, terminating an employee for refusing to participate in treatment is also discriminatory. There is of course an exception to the rule which he explains is difficult to show. Managing mental illness includes various types of therapy, which make matters for an employer that much more complicated. Misunderstanding these rules and terminating an employee for failing to attend mandatory counseling can lead to a human rights complaint.
It is always best to consult with an employment lawyer who can give you expert advice. Daniel Lublin’s full article Can someone be fired for refusing therapy? can be read in his Globe and Mail column.