They Called It Performance — But You Were Really Asking for Help

It is a story we hear too often. A hardworking employee starts to struggle. They show signs of burnout. Maybe they take time off for a mental health condition, or ask for an accommodation to manage anxiety, depression, or another challenge. Instead of support, their employer begins a paper trail. Warnings. Write-ups. Performance reviews that do not reflect reality. Until one day, they are let go. At Fraigun Law Group, we represent workers who were terminated or pushed out for reasons that had nothing to do with performance and everything to do with needing help.

When Mental Health Becomes a Target

Mental health conditions are invisible. That makes it easier for employers to pretend the issue was something else. But the law sees through that. California protects workers with qualifying mental health conditions under FEHA. You also have rights under CFRA (California Family Rights Act) and, in some cases, the federal Family and Medical Leave Act.

Here is what that means in practice:

• You have the right to request reasonable accommodations
  
• You can take protected leave for serious health conditions
  
• Your employer cannot retaliate against you for disclosing a condition
  
• If you are terminated because of your condition or your request, it may be wrongful termination
  

These laws exist to prevent employers from masking discrimination as poor performance. But employers often push that line, especially when they think the worker will not push back.

What Red Flags Should You Watch For?

Even if your employer does not mention your mental health, certain behaviors may point to discrimination:

• Sudden negative reviews after a request for leave
  
• Increased scrutiny or unrealistic deadlines
  
• Being excluded from meetings or reassigned without cause
  
• Comments implying you are no longer “reliable” or “motivated”
  

These actions are often framed as part of a broader company policy or shift. But in reality, they often start after a worker opens up about their mental health or asks for flexibility. It is not about the policy. It is about the timing.

Next Steps

Document what happened. Make a record of when you disclosed your condition, what you asked for, and how management responded. Save emails, performance reviews, and any evidence that shows the shift in how you were treated. Then speak to someone who knows the law. At Fraigun Law Group, we know how to read between the lines. We help workers build strong cases based on patterns and context, not just isolated incidents.

You should not have to work through pain just to prove yourself. You should not have to watch your job slip away because you asked for help. If they called it performance but you know it was something else, we are ready to help you tell the truth and fight back.