ADA Protection - Threats?

I was recently told by HR that I was accused of making threatening statements to a fellow co-worker. I don't have any names and I don't know what I was claimed to have said, and I'm not asking because, at least with the peoples' names, is not ethical. I've sworn to my managers that this never happened, because while I do suffer from occasional bipolar rage, I can feel it coming on and I get myself away from the situation; going outside is my go-to. I've never threatened anyone anywhere or anytime, so this came as a complete shock to me. I was told that it would be a good idea to ask my team and other nearby coworkers if they ever felt threatened by me and most just laughed, thinking it was as much nonsense as I did.

So my understanding of the ADA, which seems to be reaffirmed by the EEOC, is that even if they think that I might have said something, they are required to make "accommodations" for me which would reduce the threat level; this is mentioned several times in the ADA and the EEOC documentation (I printed these out and highlighted the sections). My psychiatrist is writing a letter stating that I've never demonstrated any form of violence in the past; I asked for this because my employer has to have an objective analysis of any threat level I may have, they can't just assume I'm a threat because of my illnesses.

Sorry for the long story, but I was wanting to know if anyone else has had a similar situation. My employer (over 1,000 employees) has a strict zero-tolerance policy for pretty much everything. I've read that they cannot use this policy due to my being protected by the ADA and EEOC. Also, this incident was reported two weeks ago and HR has never contacted anyone around me or me, which I was told they would do two weeks ago. It honestly feels like some sort of harassment or discrimination or something, they're holding this over my head and it has me stressed to the breaking point.

Has anyone else had to deal with something like this? Do I have any legal recourse if they do decide not to terminate me? I just need some help, somebody to talk to.

Thanks for reading.

I don't have any answers for you but welcome to PC and I'm sure someone will know something soon.

Sorry I haven't worked so I don't know. However from reading here many do not go well when disclosing BP. They usually get terminated for small things. So it would be hard to fight discrimination.

Welcome

Usually when the Bipolar “ is brought up it’s kind of a death sentence for your employment , you could easily be fired for being 5 mins late from lunch a couple months down the road. The ADA typically is more bark that bite.

Most all states are “ right to work state” meaning you can be fired for virtually any reason.

My advice start looking for a new job now.

Welcome to PC

The ADA has a companion law, the Family and Medical Leave Act (FMLA). If you are covered under an FMLA for the treatment of an approved medical condition (which bipolar 1 or 2 disorder are) you are allowed 90 days time off for treatment a year. It is unpaid, but it will save your job in the event that you need to take time off from work for treatment or appointments. HR legally can't fire you. I had a brutal manic-psychotic episode that kept me in the hospital for 8 weeks. My FMLA protected my job and allowed me to have an alternate work schedule so I could attend therapy and psychiatry appointments. There is always danger when HR finds out you have a severe mental illness. Depending on your corporate culture, some institutions will be supportive and others will be brutal. Your job will be protected, though, and you have legal recourse should you suffer workplace harassment. An FMLA is valuable, but does let your employer know you have a mental illness. It's a decision to make carefully with your treatment team.

Is there any chance you could get any more details? I do not see how you can defend yourself if you do not know what anyone is talking about.

I would get a free consultation with a labor lawyer ASAP. ADA is a federal law and EEOC is a federal agency. Many states have stricter/stronger/more pro-worker anti-discrimination laws and the state departments of labor administer them. Attorneys would know - you might have more protection in your state than afforded by the ADA. If you get fired, there would be strict statutes of limitations for bringing in wrongful termination actions - all the more reason to get a consult right now.

If it were me unless I was making a lot of money. I would just look for another job.

The handwriting is on the wall. If I were you I'd cut my losses and get out of there before they could fire me. Nothing good comes from disclosing mental illness at work. I've been burned badly twice, so I know all too well the dangers of letting corporate know about the bipolar. Best to just get another job lined up and walk away from this one.