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[holnik]

What is the name of your state (only U.S. law)? North Carolina
I got fired because I was stealing, from job at usps, I have had job for ten years, I have been treated for depression for two years jist recently I was told I was bi polor, I think i wasnt in the right state og mind now they want to prosocute. Can I get out of this and get my job back because I have a mental prob

 

[cbg]

No. Not even close.

Even assuming that the ADA applies, which is not yet determined, nothing under the ADA (or any other law) gives you permission to steal. Nothing in the ADA (or any other law) gives you immunity from being fired for something that a non-disabled employee would be fired for. Nothing in the ADA (or any other law) prohibits your employer from treating you in exactly the same way that a non-disabled employee would be treated; in fact, that is exactly what the employer is supposed to do.

 

[holnik]

No. Not even close.

Even assuming that the ADA applies, which is not yet determined, nothing under the ADA (or any other law) gives you permission to steal. Nothing in the ADA (or any other law) gives you immunity from being fired for something that a non-disabled employee would be fired for. Nothing in the ADA (or any other law) prohibits your employer from treating you in exactly the same way that a non-disabled employee would be treated; in fact, that is exactly what the employer is supposed to do.

Can I get out of the criminal charges

 

[eerelations]

What does your attorney say?

 

[holnik]

What does your attorney say?

I dont have one

 

[ecmst12]

Well what do you think that means you should do next?

 

[cbg]

If you are asking whether or not criminal law will give you an out on this basis, no, criminal law doesn't have any exceptions allowing you to steal if you are bi-polar, either.

 

[nosracm]

It is not entirely impossible that the criminal charges will be dropped. This will be up to the District Attorney though. There are some legal remedies, although they will be difficult to prove. Seek counsel.

 

[holnik]

I have two small kids, I dont want to go to jail what are my options. Please help me I will do ant thing not to go to jail.

 

[GonzoFL]

The law may be complex....but the fact's are simple. You need to obtain counsel and you need to do it right away. Just because you have children,are bi-polar and don't want to go to jail isn't going to make this go away.

 

[eerelations]

You won't get your old job back no matter what you do. You need to start looking for a new job.

I note that you don't seem to have been formally charged yet with stealing from your former employer. Until you're actually charged, you don't have to worry about going to jail. If you are charged, you need to get yourself an attorney asap as this is the only way you'll have a shot at staying out of jail. Ask the court to appoint you an attorney, and if the court won't, then get yourself an attonery anyway. I can't emphasize enough how important this is.

 

[cbg]

FYI, you might want to post this under the Criminal Law forum. We can tell you about employment law: here you go.

1.) It is legal for your employer to fire you

2.) It is legal for your employer to tell prospective employers that you were fired.

3.) Since it appears to be true that you stole, your employer can legally tell prospective employers that you were fired for stealing. This would not be true in all cases, but it is in this one.

4.) NO employment law protects you from the consequences of your actions.

But if you want advice on how to stay out of jail, that is criminal law, not employment law.

Of course, the best way to stay out of jail is not to commit a crime in the first place.

Since double posting is discouraged, tell the responders on the Criminal Law forum that I sent you.