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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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