Can I sue my employer

UPDATED: Oct 1, 2022

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Can I sue my employer

I work for a large non-profit organization in Southern California when I was hired they asked if I was disabled because they hire people with disabilities I stated I have an emotional disability I’ve only been with the company several weeks and recently my manager told me that I needed to be less happy when I come into work every day because the employees just are not used to that and I need to tone down my joy and that has affected me greatly and I am now ready to give them a 2 week notice and leave the job because it’s affecting my my performance.

Asked on January 4, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't. Based on what you write, your demeanor or behavior may be affecting other employees. If your conduct, even with purely innocent intentions, disrupts the workplace in some way, they can ask you to change or moderate it, and there is nothing discriminatory in that: they are not taking action simply because you have a disability, but rather or asking you to modify behavior demonstrated or done at work which is affecting the workplace, which is their right. The obligation to accommodate employees with disabilities does not force the employer to accept negative impacts on other staff or operations from an employee's conduct.

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 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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