Fred is your employee. He has been diagnosed with a mental disorder which manifests itself in anger and aggression towards other persons. You didn’t know of Fred’s condition at the time of his employment since you were precluded from asking questions about mental health as part of the hiring process. Part of Fred’s job requires his daily interaction with the public and with co-workers. Since Fred’s employment, you have learned of his diagnosis after he volunteered the information. He also volunteered that as long as he takes his prescribed medication, he is fine. He tells you the name of the drug. You check and verify that Fred (1) has a diagnosed condition that is real (2) that is treated by use of the medication he disclosed (3) and that most persons are not prone to violence as long as they consistently take their pill. Explain the potential liability to Fred if you terminate him because of your fears he might snap. Explain the potential liability to co-workers and the public if you don’t. I’ve attached a white paper below which you might find helpful – or at least will give you some perspective on workplace violence.
