Can I be fired for calling my manager an offensive name but I’m mentally ill and they didn’t give me the opportunity to quit on my own?

UPDATED: Oct 1, 2022

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Can I be fired for calling my manager an offensive name but I’m mentally ill and they didn’t give me the opportunity to quit on my own?

I was fired because of the name I called a manager. My management knows I’m mentally ill and didn’t give me the opportunity to give me the option to quit on my own. Does this count as discrimination because they were not accommodating to my situation and fired me based on one incident. It will

affect me financially and emotionally has taken it’s toll since they fired me the way they did and know my mental state is unstable. Is it legal what they did?

Asked on April 27, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not discrimination. What is not allowed is to fire or terminate you simply because you *have* a mental illness. But you may be terminated for what you actually do at work--i.e. due to your behavior. The law does not require employers to put up with disruptive behavior at work, and a "reasonable accommodation" does not include allowing you to call managers offensive names. You may be terminated for this reason.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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