Is there a way to sue a company for how management treated a situation?
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Is there a way to sue a company for how management treated a situation?
I currently work for a small restaurant as a
dishwasher and suffer from depression and severe
anxiety. I was having a depressive episode and told
my manager I was having suicidal thoughts. The
manager basically told me to get it together and Im
better than this, and in a sense to get back to work.
Is there anyway I can sue the company for how
management treated the situation?
Asked on September 8, 2019 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you cannot. Your employer is not your caregiver or legal guardian: they have no general obligation for your mental or emotional state. IF you had asked for a specific accommodation for your anxiety and/or depression and IF it was a "reasonable" accommodation and IF the employer refused such a reasonable accommodation, you might have a legal claim for disability (mental illness) discrimination--though as a practical matter, you can still only sue if you suffered provable harm due to their conduct (there is no compensation if you were not harmed by it). But you do not write that you asked for a specific accommodation, only that you told you manager you were having suicidal thoughts. In the absence of a request for a specific reasonable accommodation, the employer has no responsibilities in this situation or for your mental state.
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