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 www.oelasmart.net/directory

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

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