Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I was put in administration leave with pay because of my co-workers

saying that my mental disability...
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.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 41 minutes by:
10/8/2013
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,889
Experience: Exclusively practice labor and employment law.
Verified

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.

Ask Your Own Employment Law Question
Customer reply replied 4 years 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.

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
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,889
Experience: Exclusively practice labor and employment law.
Verified
John and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,889
5,889 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,889 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
A lawyer will not take my case until EEOC gives a right to
A lawyer will not take my case until EEOC gives a right to sue letter. Granted the company just settled elsewhere for ADA violations.… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Can a state university discriminate against a female full
can a state university discriminate against a female full professor by paying her 20% less than their male full professors with similar experience and qualifications and/or in making class assignments… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,345 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Is asthma covered in the ADA in regards to my job? stare. At
Is asthma covered in the ADA in regards ***** ***** job? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I am preparing a rebuttal to a position statement in an Eeoc
I am preparing a rebuttal to a position statement in an Eeoc charge of discrimination and retaliation. I have so much detail facts documents. Is it better to use a “shot gun approach” or more focused … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,180 satisfied customers
I was terminated from my employment for a safety violation,
I was terminated from my employment for a safety violation, which they said was on a CCTV. I asked to see the video and they stated that I could not. Is that correct? Also, I was given a final paychec… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Can you sue your job for a disability discrimination,
Can you sue your job for a disability discrimination … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I currently have 2 ADA discrimination charges and a
I currently have 2 ADA discrimination charges and a retaliation charge agains my work. I have decided that after 1 year of them NOT accommodating me under ADA, I must resign. … read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x