Q: Can my supervisor refuse to let me come into work because he doesn’t think I’m going to give 100% that day?
He told me he doesn’t think it’s fair I get paid a full day if he feels I’m not giving him 100% and refused to let me come in one day due to this and has threatened to send me home or not not let me come in future days if he feels I’m not giving 100%. I have ADHD and have provided this I for writing to my supervisor asking to give small list of duties or accommodations as I need this due to my ADHD and this upsets them and they feel I’m not giving 100% if I need them to repeat something or takes me a little longer to complete the task. They have not made any attempt to accommodate after claiming they would and that they understood my situation.
Unless you have a disabling condition that you have informed the employer about and sought reasonable accommodations to address, then yes, it is lawful for an employer to send an employee home and even terminate that employee at any time it wishes for any reason or even no reason at all. An employer is entitled to a 100% effort from the the employees, and if it even thinks it is not getting that, it can act as your employer is threatening.
Good luck to you.
A: Under California law, it is generally unlawful for an employer to discriminate against an employee based on a disability, such as ADHD. Your supervisor should engage in an interactive process to discuss reasonable accommodations that would allow you to perform your job effectively. If your employer is not providing reasonable accommodations and is unfairly preventing you from working without proper justification, you may have grounds for a discrimination claim. It is advisable to consult with an attorney to assess your specific situation and explore your legal options.
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