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Was under Dr. care - had depression breakdown and was fired.

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scalini

Junior Member
What is the name of your state?What is the name of your state? Florida
I worked for a large communications company for 7 years. In Aug. 03 I started seeing a therepist/psycholigist through our employee assistance program and was placed on anti-depressents. My wife and I had been having marital problems for some time and in Sept. 04 I had a depression breakdown due to the stress at work and at home. The stress at work begin- On Dec. 3rd 2003 I was offered a promotion to sales coach by the outgoing branch mgr and the incoming branch mgr. A week later (after attending a east coast sales meeting) the new branch mgr said he wanted to have me "acting" sales coach for the time being because of some things he had heard from other people at the meeting. He claimed as a new branch mgr he couldn't take a chance on someone he didn't really know. (Again, I had already been offered and accepted the position a week earlier)
Because I was placed as the "acting" sales coach- my previous position was not officially vacant and could not be filled by someone else. There was no one else in our office qualified to assist, train or resolve issues in my previous position so I ended up doing two jobs. This continued for four months. With the problems at home and the stress at work I became overcome and had a breakdown resulting in massive depression and suicidal thoughts. I started planning an "accident" because I felt worthless to my kids, family and job and went to get an additional $500,000 insurance policy.
The problem though is that in order for my wife not to know what I was planning by seeing money removed from our account for the policy, I made a stupid decision to remove memory from computers in our office that were being replaced to sell and pay for the policy. The was later discovered by security and I was placed on suspension for 2 weeks while they investigated what happened and why. I was in the hospital (mental area) for 3 days for observation do make sure I didn't harm myself. (Baker Act)
When I got out I filed for Short Term Disability the next day. As soon as it was discovered I had filed for this I received notification that I had been terminated. (theft of memory chips)
There also was never an investigation or an acknowledgement that I was having mental/depression issues even though I had been under Dr. care for over a year. Do I have any type of legal recourse due to the extenduating circumstances of the depression, was currently under Dr. care via our employee assistance program and the fact they had me doing two positions for over four months adding more stress? Or because of taking the memory (even under circumstances) is it just considered theft and no recourse at all.
 


cbg

I'm a Northern Girl
Even under the ADA (and there is no indication in your post that you ever asked your employer for accomodation under the ADA - the fact that they knew about your condition is not enough) the employer is not required to accept behavior in a disabled employee that he would not accept in a non-disabled employee. Theft is theft - unless you are prepared to show valid evidence that they would not have fired someone else who was not suffering from depression who committed the same offense, you have no legal recourse.
 

Beth3

Senior Member
I agree. You have no recourse. Even had you informed your employer of your mental health problems and asked for an accommodation, allowing you to steal from them without any repercussions is not a reasonable accommodation. That said, I hope you're doing better soon.
 

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