Employment Law

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I guess i have an employment law question. I am the business…

Customer Question
I guess i have...

I guess i have an employment law question.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

I am the business owne/managerr (10 people total) of a dental practice.. And it has been brought to my attention that one of my staff has been having some mental health issues because she has been bullying one of the other employees. She has been in therapy and apparently is drinking now. I have had no clue this has been going on. She is an excellent worker and so is the other employee. But the other employee is upset by it now. I know there is a fine line here because she may have a true medically based problem and there are privacy issues. She is doing her job but upsetting the other person. How do I broach the issue with the so called bully and not trek on her mental condition.

Lawyer's Assistant: Is your employee "at will?" Does the employee belong to a union?

She is at will. we are in the state of georgia there are no unions in dentistry

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is a good employee, kind of OCD, so worth keeping but obviously going through something and now hurting others quietly away from the office.

Submitted: 4 months ago.Category: Employment Law
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Answered in 14 minutes by:
3/22/2018
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
I understand it is for general information purposes only. Please take your time.
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

As you know, state and federal law prohibit discrimination on the basis of disability. State and federal law also allow an employer to terminate an employment relationship for any reason or no reason at all. The ADA requires that an employer provide reasonable accommodations to their employees as well.

In your case, if the person is dealing with a mental disability and alcoholism, then it is likely that she would be protected under the ADA; however, the law does allow an employer to enforce any policies that they have against an employee. If your company has a policy that encourages teamwork or prohibits actions that result in a lack of productivity, then approaching it from a policy-based prospective is going to be the best way. You could begin a discussion with her behavior and be sure not to mention any disabilities she has.

You could ask her if there is any kind of reasonable accommodation that she thinks may work. It's possible she may be stressed about how much time she has to finish projects or it could be that she is scared she's going to lose her job. She could just be kind of a mean person. Regardless, document everything that you're doing. If you approach it from that perspective, any claims by her that she was terminated because of her disabilities or that she wasn't provided reasonable accommodations would be diminished.

Did you have any other questions for me today that I could help you with?

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