Is it against the law for an employer to ask me if I needed a day off for mental health?

I recently resigned from a job in corrections. I was under investigation for inmate/staff relationship, and accused of doing acts while working. This is false, I admit that I was probably flirty but, nothing more than talk. During an interview with one of the supervisors, I was asked if I told an employee that I needed a "mental health" day. Then I was further asked what I did during my time off. I was only employed for 2mos but, I worked and average of 16-20hrs overtime everyweek and earned sicktime. I also have severe depression & anxiety. I was burnt out and obviously stressed. I quit because, I was told by another staff member that several employees got together, and some inmates, to say I was innapropriate. This was extremely false, I've been in the same relationship for 7yrs.

1 answer  |  asked Mar 26, 2013 02:29 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
From your post it is difficult to tell whether or not you were falsely accused, which in this context would be subject to a qualified privilege. If your employer knew about the severe depression and anxiety you may be able to show that your disability was a factor. In quitting you have made any case you may have even more difficult, because you would have to meet the burden of proving a constructive discharge. If you believe you have more, meet with an employment lawyer near you to go over all of the facts.

You can select one near you at

posted by Bruce Elfvin  |  Mar 26, 2013 06:37 AM [EST]

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