Legal Question in Employment Law in California

My manager came to my office and told me there are complaints about me snorting once in a while. I was under doctor's care for my allergy causing stuffed up nose. I was told not to do that. I became deeply depressed and was in medical leave for two months going through outpatient treatment program. Whe I returned to work, I was told that my snorting is much better by manager. I was using prescribed nose spray excessively. I was still uncomfortable at the company. Eventuay I went to medical leave again with depression. Now I live with Social Security Disability. Shold the company have dealt with this situation in better way?


Asked on 9/27/11, 10:18 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I'm sure it could have been handled better...probably from both sides. Open communication is the key to successfully resolving an employment issue. It sounds as though your manager was trying to address a concern raised by your co-workers over either a health issue or an annoyance. Perhaps, you could have explained the nature of your medical condition and tried to work together to figure out what steps could have been taken to allow you to continue to work and, at the same time alleviate the concerns of your co-workers.

Apparently it never got to that stage. That is unfortunate. It is not clear to me why you became so depressed. You may be able to file a workers compensation claim if you are saying the job made you so depressed you are unable to work. But I do not see a civil case here.

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Answered on 9/27/11, 11:24 am


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