Bipolar Threat Ruling Brings Polar Opposite Legal Opinions

August 1, 2011 – In The News

A recent court opinion in California upheld the termination of a bipolar employee after she made threats toward co-workers during a severe manic episode. "The OC Court is entitled to terminate an employee who violates its written policy against workplace threats and violence, even if a disability cause the misconduct," the appeals court ruled.

"It clears up what the employer can do to address disability-related behavior that involves an employee who's a threat to himself or a co-worker," said Jeffrey Polsky.

"If an employee is making threats, not just losing their temper, the courts are right to be very concerned about doing anything they can to address these situations," said Polsky.