I have been accused of / caught falsifying my time card. I was suspended with pay pending investigation. I am suffering from a chronic mental issues that is the cause for my poor decision making. I have never informed my employer of my issues. I just had a hard time going into my office and performing my job. I stole time and I've been caught. I would clock in from my phone and pull on the side of the road and cry for two hours. I am totally depressed and disturbed mentally. Is there any way I can save my job while continuing to undergo psychiatric help? I can honestly say my mental illness caused me to make terrible decisions and losing my job. I need an opportunity to correct myself and hopefully keep my job. I was suspended yesterday. Should I present a doctor's note and request a leave of absence? Disability?
As a general rule, an employee at will who steals from the employer may be lawfully discharged, and the reasons the employee asserts after the fact to justify the theft will not suffice to cause courts to second-guess the employer's decision to discharge employee.
Florida is an "at will" employment state, which means that your employer does not have to have a reason for terminating you. They cannot terminate you for an illegal reason (being of a certain sex, race, religion, etc.). Federal law limits an employer from terminating people because of a disability; however, here it does not sound like your employer was aware of your disability so that likely does not help you. There may not be much you can do to salvage this job. You could be honest with the employer about your disability but any statements or admissions you make could be used against you. If your mental health problems are of such severity that you are unable to work, you should contact a social security disability attorney.
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