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Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?
You don’t have to accommodate disabled employees who can’t perform the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.
Q. When we were disciplining an employee, the president of our small company told him that he “will always have a job here.” He’s an at-will employee. Are we now obligated to keep him on if he improves?
Q. May we ask for a diagnosis when an employee requests a few days of sick leave? Or must we accept any doctor’s note without any explanation?