Wash. Court of Appeals published opinion — 796925.pdf

Citation: Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/796925.pdf ↗

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17, 2015, and suspended Pope without pay.3 Pope did not believe that she had

missed any scheduled work shifts because she had worked out a schedule with

her client that did not require her to be with the client on those days. The

suspension letter specifically stated that one of the reasons for the suspension

was AHS’s need to accommodate her disability and that Pope would only be

reinstated if her physician guaranteed that Pope was medically cleared to work

as a home health aide.

Pope subsequently had a medical provider send AHS an e-mail stating

that she was cleared to work. AHS did not request any further medical opinions

from any other providers. Instead, despite having received a doctor’s note

stating that Pope was cleared to work, which is exactly what it had demanded

from Pope in its suspension letter, AHS responded to Pope’s medical provider

with an e-mail stating that it believed Pope could not use the telephone clock in

system, that she lied about her work hours, and that she was a danger to

vulnerable clients and could not work. AHS’s e-mail demanded that Pope’s

3 It also appears that AHS accused Pope of refusing to show up for a shift on July 20,

2015, the same day that she was suspended. However, the City presented evidence in which
Pope stated that she was told not to go to her client’s house that day and was suspended before
she could begin the shift.

4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/5

medical provider complete another assessment, send it a guarantee that Pope

would be able to use the telephone clock in system in her then-current condition,

and opine that Pope would not be a danger to clients. AHS also asserted in its