Terminated Because of a Medical Condition

My question involves labor and employment law for the state of: Washington
I KNOW THIS IS LONG BUT I THINK ALL OF THE INFO WAS IMPORTANT TO INCLUDE I'M SORRY!

I was recently terminated for "misconduct" due to what the company states was intentional customer mistreat. I was harsh with my tone with a customer after asking him to not speak to me the way that he was, and felt that I was being mistreated and had a right to ask him to not address me in that manner, however because he was not cursing I was not allowed to warn him, I've never been told that was the rule, nor is it expressed that is the ONLY time we can warn them, regardless of that. I was however prior to was very rude to a customer and was unaware until the call was brought to my attention, that and a slight mental breakdown caused me to seek the help of a psychiatrist and was told that I had bipolar disorder and PTSD So if I ever was rude or irritated with a customer, it’s because I don’t have the mental ability to know that I am behaving in such a manner, I am unable to control it and this was NOT a known issue prior to being hired. The day after I was told this, I did reach out to my immediate supervisor to tell her this was going on. And she stated YOU CAN NOT TELL ME THINGS LIKE THIS, however provided NO direction on who to discuss this with. Human Resources states that I had gotten FMLA information for a back injury in the past, which is true and over two years ago, and I should have just known where to turn to. But I did not know that a mental condition would also be considered for FMLA. So no I didn't just KNOW who to turn to. My immediate supervisor also never knew that I had discussed FMLA for my back injury, she was not a supervisor with the company at that time, so I still don’t understand why she did NOT provide me that option at the time we discussed the problem. I went out of my way to try to resolve this on my own, I was not able to take any additional time because we have a “time bank” that we are allowed to deduct hours from and not go over a certain amount. I was already in the negative and at risk of being warned for my time and I didn't want to get in trouble. So I came into work many days when I should not have been there, when my episodes were so severe where I have had to cry after every single call, where I have had to place customers on hold for long periods of time just to calm down to handle the call. I did everything that was in my capabilities to do the right thing, just for them to turn me away. They have denied me unemployment benefits as well because the company states it was due to misconduct. But if I don't have the mental ability to handle the job and came to them to tell them so that I could have time off to get treated is this NOT wrongful termination?! What else was I supposed to do? What can I do?! :'(

You did not provide documentation requesting FMLA for time to fix your mental problem. Your job does not have an accommodation for a mental problem. I suggest you get a new job.

There are no circumstances whatsoever under which the law requires your employer to allow you to be rude to a customer, even if you claim that a medical condition means you don't know how to control it. What's more, if you didn't know yourself that you had the condition, then clearly you were not fired because of it.

Ok apparently I didn't explain this enough, or neither of you understand ... I did not KNOW that I could request for FMLA, so there was nothing to provide at that time .. however had my immediate supervisor had told me that was an option when I came to her and told her look I have a problem that is affecting my job and I need to know what to do about it .. I would have submitted the documents. @ CBG I know there is no circumstance that allows me to be rude .. I was not intentionally rude and didn't even know that I was rude UNTIL after they listened to the call and I listened to the call myself. I didn't say that I was fired because of the medical issue .. I said that I was fired because of the mental issue was highly affecting my ability to perform the job necessary, I clearly stated I was fired because of misconduct .... however according to RCW 50.04.294 the definition of misconduct does not apply to me however the DOES NOT INCLUDE does!!It clearly states:
(3) "Misconduct" does not include:
(a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity
I was not intentionally disobedient nor did I intentionally fail to perform my job as expected by my employer .. I did NOT have the MENTAL ability to do so! So that clearly is directly related to my issue!

This is the full statute:

http://apps.leg.wa.gov/rcw/default.aspx?cite=50.04.294


It does not protect you.

FMLA is medical leave. In what way would taking medical leave have affected your understanding of what was and was not rude?

The definition of misconduct may make a difference when it comes to whether or not you qualify for unemployment. However, no law says that you cannot be fired unless you have committed misconduct. Google, at-will employment.

They state that I was scorning the customer about paying his bill late all the time .. But I did not I simply told the customer the same thing that managers on duty have told us to say for the last 3 years anytime we see numerous late fees already waived grant them one more and say this .. I will be able to waive one additional late fee but I do need to inform you that we will not be able to waive any addt. fees until after 03/2015. But my team lead that DOES NOT work for the client directly says oh no we can never say that .. But I have been told by the managers that work directly for the client numerous times to STOP the cycle of them calling in and getting late fees waived by saying that statement and note the account which I did .. Too many people have their irons in the fire there and confuse the agents to the point where we don't know what is really safe to say and what is not! So that is what they are saying the mistreat came from .. that and the prior call where I was just highly irritated with the customer (which is because of the bipolar/ptsd) before that I have never ONCE been in trouble for my tone, customer care nothing. I was the perfect agent, always getting kudos calls, always meeting goals and quotas and had great customer satisfaction scores

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I have a clear understanding of what is rude and what is NOT .. I just don't control when it happens and can be unaware of when it does, I just found out this was the problem and I'm getting medical treatment for it now. I am also highly aware of what at will employment is. I don't want my job back, I want my unemployment benefits which I feel that I'm entitled to since I feel that I was wrongfully fired. What are you supposed to do after reaching at to your job to tell them there is a problem and they basically tell you just get lost.

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However me taking FMLA .. would have allowed me time to get treatment for the problem! SO yes fmla would have been very necessary in this case!

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I'm aware of that I have read it time and time again ... that last clause right there
(3) "Misconduct" does not include:

(a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity;
That saves me from misconduct .. I DID NOT HAVE THE MENTAL ABILITY AND CAPABLITY TO PERFORM THE JOB AS DESIRED BY THE EMPLOYER!

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IT CLEARLY protects me!

I'm sorry, ya got nothing.

Quote:

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Quoting SoldiersAngel

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They state that I was scorning the customer about paying his bill late all the time .. But I did not I simply told the customer the same thing that managers on duty have told us to say for the last 3 years anytime we see numerous late fees already waived grant them one more and say this .. I will be able to waive one additional late fee but I do need to inform you that we will not be able to waive any addt. fees until after 03/2015. But my team lead that DOES NOT work for the client directly says oh no we can never say that .. But I have been told by the managers that work directly for the client numerous times to STOP the cycle of them calling in and getting late fees waived by saying that statement and note the account which I did .. Too many people have their irons in the fire there and confuse the agents to the point where we don't know what is really safe to say and what is not! So that is what they are saying the mistreat came from .. that and the prior call where I was just highly irritated with the customer (which is because of the bipolar/ptsd) before that I have never ONCE been in trouble for my tone, customer care nothing. I was the perfect agent, always getting kudos calls, always meeting goals and quotas and had great customer satisfaction scores

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I have a clear understanding of what is rude and what is NOT .. I just don't control when it happens and can be unaware of when it does, I just found out this was the problem and I'm getting medical treatment for it now. I am also highly aware of what at will employment is. I don't want my job back, I want my unemployment benefits which I feel that I'm entitled to since I feel that I was wrongfully fired. What are you supposed to do after reaching at to your job to tell them there is a problem and they basically tell you just get lost.

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However me taking FMLA .. would have allowed me time to get treatment for the problem! SO yes fmla would have been very necessary in this case!

- - - Updated - - -

I'm aware of that I have read it time and time again ... that last clause right there
(3) "Misconduct" does not include:

(a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity;
That saves me from misconduct .. I DID NOT HAVE THE MENTAL ABILITY AND CAPABLITY TO PERFORM THE JOB AS DESIRED BY THE EMPLOYER!

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IT CLEARLY protects me!

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You were not wrongfully terminated.

It really is that simple.

You can argue here till you're blue in the face but it doesn't change the reality, which is:

1. It's not a wrongful term
2. The chances of UI ruling in your favor are slim at best in my opinion
3. Even if UI rules in your favor, it STILL isn't a wrongful term.

If it's UI you want, just appeal the decision. Appeal by submitting, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." Then appear at or on the phone for the hearing.

The burden is still on the employer. Them using adjectives like "mistreatment" won't work. A hearing officer is going to want to hear the recording of the call and decide for themselves if it rises to the level of misconduct or a rules violation.

It's been my experience that the deputies that make the intial decisions are much harsher than the ALJs.