"Is This Even Legal?" — Employee Claims Manager Wrote Her up for "Emotional Instability"

Any adult who has ever worked a job would agree — the struggle is real. Grind culture was slowly but surely increasing burnout for employees, thereby reducing productivity in the workplace.

However, in the last decade or so, people have learned to prioritize self-care and mental wellness. Many companies allow and advocate for employees to have mental health days, but some companies haven’t hopped on the bandwagon just yet.

For several Americans, weekends, holidays (and every day in between) belong to their jobs, because no matter how exhausted we are, we all have bills to pay. But exactly how much does the American dream cost?

This TikTok user, who we know only as @gingerbren, had to ask herself that question after she was written up at work for “emotional instability.” Little did her job know, discrimination on the grounds of mental illness is illegal as hell. Needless to say, everybody ate her employer up in the comment section.

In July 2023, @gingerbren exposed her employers for writing her up. The reason, you ask? Because she cried too much.

The first TikTok explainer she posted, which has more than 500,000 views as of this writing, offered a glimpse at a pretty offensive performance review. In it, her manager reprimanded @gingerbren for having “emotional breakdowns” at work.

The report also alleged that the vet tech had also violated the company’s core values.

Amid the post’s viral success, someone snitched on @gingerbren to her employers, who in turn, fired her.

That said, if you scroll far enough back on @gingerbren’s TikTok feed, you’ll see that our good sis has been hating her job for some time now.

So maybe taking a hike was for the best!

But @gingerbren’s experience isn’t isolated. According to some, the system is broken.

“When you are trying to figure out your mental health and then you struggle and get fired from the job that provided you with the insurance you needed to get help and now you’re back at square one, no insurance no money no help,” one person said on Twitter.

To be clear, treating someone differently than their counterparts due to any disability — mental or physical — equates to breaking the law. According to the United States Equal Opportunity Commission, @gingerbren’s bosses actually could have gotten in big trouble by exhibiting such unprofessional behavior.

If you do decide to go after your bosses — not only will the EEOC employees back the claim, but they’ll help you file and pursue it in court.

“The Equal Employment Opportunity Commission (EEOC) can help you decide what to do next, and conduct an investigation if you decide to file a charge of discrimination,” the government agency’s official website reads, adding that it’s “illegal for your employer to retaliate against you for contacting the EEOC or filing a charge.”

A long list of mental illnesses are covered by these laws, including those who suffer from conditions like depression and PTSD.

“You are protected against discrimination and harassment at work because of your condition, you have workplace privacy rights, and you may have a legal right to get reasonable accommodations that can help you perform and keep your job,” the site says.