Legal Question in Employment Law in California

Re: Fired Overnight

The timing of events is unclear because you said the incident you were fired over was before your diagnosis but that same night you told your employer of the diagnosis. This is important because if the employer does not know of an employee's disability, it cannot be held liable for disability discrimination.

If the employer is aware of the disability, it then has an obligation to reasonably accommodate the disability, as long as the accommodation does not cause undue hardship to the business. In any case, the employee must still perform the essential functions of the job.

It may be possible to argue that once he became aware of your disability your boss could have accommodated you by giving you a second chance or letting you off with a warning. But I doubt the employer will be required to excuse rudeness to customer, even customers who are rude themselves, as this is a service industry you are in.

If you wish to pursue the matter, you may contact the California Department of Fair Employment and Housing. The time frame you must do so is one year from the date of your termination.