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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.