TERMINATE THE EMPLOYMENT FOR MISCONDUCT

Gambini v$.$ Total Renal Care Inc., No$\mathrm{.}05-35209(9$th Cir $2007)$

Gambini was diagnosed with bipolar disorder. She informed her employer of the disability and that she was seeking treatment. She further informed her employer that she was struggling with medication issues, and told her co$-$workers that these issues might influence her moods. As Gambini continued to have medical issues, her supervisors discussed her attitude and job performance. They decided to issue her a written performance improvement plan. They called her to a meeting without telling her the reason. The first sentence of the performance improvement plan stated, $[$Gambini$$s$]$ attitude and general disposition are no longer acceptable...$$ Gambini began to cry, threw the plan across the desk, swore at her supervisor, and slammed the door. Back at her cubicle, Gambini kicked and threw things. The next day, Gambini checked into a hospital. The employer approved her request for Family and Medical Leave and began an investigation into her behavior at the meeting. The employer decided to terminate Gambini due to her behavior at the meeting. Gambini sent a letter asking her employer to reconsider the termination because her behavior was due to her bipolar disorder. The employer refused, and Gambini sued under a theory of disability discrimination.