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How can this person improve their situation?

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  This is the problem the employee is having:  
 
 
 
I have an air freshener pot (with the light bulb and wax squares for scent) that is on all day, every day. No one objects. Except for one doctor who comes into the nurses station to write orders, etc, if he has a patient in the hospital. He is not in every day, and when he does come, it is at odd hours so I can't know in advance to turn off the pot (which I do when he comes in.)
He always complains and starts coughing. He has now threatened me, saying it is harmful and saying I have to keep it off or he will pursue it legally.
He does not have to be in the nurses station, he can go to the ER (desk, phone, computer, quiet, etc.) as I have suggested. He refuses.
My question is, does he have a "legal leg to stand on"? Do I have to permanently turn off the pot?
 
 

 

  Please suggest some advice for this employee:  
 


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