The Alaska Supreme Court has upheld the dismissal of a public works employee who made statements that other employees in his workplace interpreted as threats.
Plaintiff Tom D. Nicolos claimed his statements did not constitute threats or misconduct under the personnel rules of the North Slope Borough Department of Public Works but were a cry for help due to a mental health crisis.
Nicolos allegedly told his boss he was “not in a good place” and was having homicidal thoughts. He then allegedly told a counselor that he had a “premeditated plan to use firearms to harm or kill people at his workplace.” The counselor notified Nicolos’ boss.
Nicolos said his discharge violated the Americans with Disabilities Act (ADA).
The Alaska Supreme Court recently upheld Nicolos’ dismissal, ruling that a threat need not be intentional to constitute violence in the workplace. Alaska’s high court said an employee can be punished for threatening statements or behavior “so long as it could be interpreted by a reasonable person as conveying intent to cause physical harm” Moreover, the Court said the ADA’s protection does not extend to an employee who is terminated because he cannot “perform the essential functions[his] position … (with or without reasonable accommodations.” The Court said it is an essential function of a job to refrain from making others in the workplace feel threatened for their own safety.
WOULD A REASONABLE PERSON PERCEIVE THE COMMENT AS THREATENING?
Continue reading “No Reasonable Accommodation After Threats to Kill Boss, Coworkers”