Louisville, KY asked in Employment Law for Kentucky

Q: I have been suffering from depression lately for many reasons. Can I be written up for that by my boss?

One of my bosses is aware of my depression. The rest are not. A week ago it was slow at work, we close at 9, and another boss of mine who is not aware of my depression, asked if I wanted to go home early. I said yes, because I assumed it was because we were slow. The next night, my boss who is aware of my depression, called me in the office and proceeded to ask me to sign a write up because the manager that sent me home said he sent me home because of my sullen attitude. He never disclosed that to me. My duties at work we’re not affected, I was pleasant with the guests and other staff, I was just quiet. Is it legal for them to punish me for being sullen when it does not affect my job or anyone around me?

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1 Lawyer Answer

A: Hi more information is needed to fully evaluate your situation. However, it seems as though your depression was taken into account when your manager wrote you up for your "sullen attitude." Your depression may qualify as a disability under the Americans with Disabilities Act. I would recommend reaching out to an employment law attorney in your state, especially if your "attitude" continues to be a basis for work-related discipline.

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