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PTSD is no excuse for employee’s misbehavior

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in Employment Law,Human Resources

Employees don’t get a pass on bad behavior just because they are disabled.

Recent case: Geoffrey worked for a hospital and was diagnosed with post- traumatic stress disorder, or PTSD. He took FMLA leave. During leave, Geoffrey allegedly came to the hospital and argued with a doctor he believed was having an affair with Geoffrey’s wife. He was escorted out. After his FMLA leave ended, he was fired when he didn’t show up for work. Geoffrey eventually reapplied, but was rejected.

He sued when he discovered his replacement had less experience. He argued the hospital refused to rehire him because of his disability. The hospital said Geoffrey’s past behavior and attendance had prompted rejection.

The court ruled against Geoffrey. He could not show that the hospital’s motivation was anything other than his misbehavior when he had last been employed. (Welsh v. Rome Memorial, No. 6:14-CV-1423, ND NY, 2016)

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