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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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