Legal Question in Discrimination Law in Oklahoma
Possible Termination
I have been diagnosed recently with bipolar disorder. Before and after diagnosis, my boss has corrected my english, puts his hand up (palm) to my face to stop me from taking, told me my medication ''was making my brain slow'' and to top it all, hugs me! He does not treat the other employee like he treats me. He seems to be on me all the time. I have made some bad judgment calls recently and was so stressed about them, I had to go to the hospital for two days. He has put me on administrative leave for two weeks and says he will call me to let me know what we are going to do. He has not given me a chance to get my medication right. I am seeing a counselor. I have been there 9 years. Do I have a case under the Americans with Disability Act if he fires me? Thanks,
1 Answer from Attorneys
Re: Possible Termination
You might. Regardless, you should make certain you document to your employer your desire for accomdation for your ailment, and get in the habit of making detailed notes of verbal communications with your boss, and keeping all written communications (eg, emails). One of the keys to an ADA case is whether the employer reasonably accomodated an employee with a disability; obviously, the employer must be shown to have had knowledge of the disability before any liability could attach.
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