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John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I was put in administration leave with pay because of my co-workers

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I was put in administration leave with pay because of my co-workers saying that my mental disability is making them uncomfortable. I do not know what is making them so uncomfortable I have been working with them for 2 years. I am being completely helpful with HR with any request that they ask of me, but I am worried about how this will affect my family. I will only get paid for 30 days but I don't know what we will do after that. Please help in any way.
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about this.

 

The key now is whether your disability physically endangers other employees versus just making them uncomfortable. The Americans with Disabilities Act (the ADA) requires that an employer allow you to work if you can do the job with or without an accommodation. One exception is that the employer is not required to keep people on if they are a hazard to the health and safety of customers and co-workers. Your scenario does not sound like you are a danger to health and safety.

 

If it ends up you are terminated, I'd highly recommend you file a charge with the Equal Employment Opportunity Commission (the EEOC) for disability discrimination. The EEOC will investigate the matter, attempt to resolve the matter, and possibly bring a lawsuit against the employer if it fails remedy the discrimination. You can learn how and where to do that here.

Customer: replied 9 months ago.
As far as I am being told they are just unconfortable to be around me. I dont see how but, joking, i cant read minds. Is there anything that i can do right now, or am i going to have to be patient.
Expert:  John replied 9 months ago.

James,

Yes, you'll have to wait and see the ramifications of this investigation. You technically have not been harmed yet because you are still being paid and have a job, but just are on leave. If it results in some harm - e.g., termination, demotion job change. Then you have a case, which I'm sure you'd have in that event.

Hope this helps. Let me know if I can be of further assistance. Thanks.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2705
Experience: Exclusively practice labor and employment law.
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