Thereafter, the plaintiff was diagnosed with depression. He was not restrained while waiting for the police. The plaintiff waited outside for the police to arrive and drive him to a hospital. However, a security guard read the note and called the police. Parks was not at the Tech Data site that day. Please have security accompany you if you want to talk to me. I don’t know why but I wanna kill someone/anyone. Lizelle, Please Help Call Mom Dad The police I’m scared and angry. In the words of the plaintiff’s counsel, “ecognizing that he needed immediate medical attention,” the plaintiff wrote a note and left it for his Spherion supervisor, Lizelle Parks, at Tech Data. The next day, the plaintiff experienced suicidal thoughts again, and for the first time, homicidal ideations. On November 21, 2011, the plaintiff experienced suicidal ideations for the first time, while traveling to work at Tech Data. Spherion assigned the plaintiff to work at Tech Data Corp. Spherion is a staffing agency that places employees in various work assignments. The facts “ably pleaded by Plaintiff’s counsel” established that plaintiff Taj Walton began his employment with defendant Spherion Staffing, LLC, in 2007. The court acknowledged that the case “tests the outer bounds of the Americans With Disabilities Act in the context of workplace violence.” However, viewing the complaint in the light most favorable to the plaintiff, as required under FRCP 12(c), the court concluded that the plaintiff had stated a plausible claim under the ADA that his employment was terminated because of his mental disability-depression-rather than as a result of workplace misconduct. District Court for the Eastern District of Pennsylvania recently denied judgment on the pleadings to an employer on an Americans With Disabilities Act (ADA) claim of a terminated employee who had notified his supervisor that, inter alia, “I wanna kill someone/anyone.” Walton v.
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