Theft and FMLA (and ADA too?)

HRQ

Each of our locations is provided with a debit card. Accounting department noticed unusual activity on one location's account, multiple cash withdrawals with no receipts to back them up. Three employees have access to the debit card.

Police investigated all three employees. Two deny any wrongdoing, one employee confessed to stealing part of the total $ that is missing.

Employee is now on FML.

1) Employee steals money
2) Police investigation begins
3) Employee files for FML citing psychological problems, stress related
4) Employee confesses to police for stealing

She "did the deed" before claiming any FML rights, but confessed after making it known she's suffering psych problems.

This seems very simple and we intend to term based on her confession to the police. Anyone see any problems with this?

lnelson

I believe you are ok to term especially since she filed after the events and as the employer can deny her FMLA. Just make sure documentation shows the time sequence of all events.

Good Luck.

ACU Frank

When someone from California says you're probably okay to term, it's a great thing!

HRQ

She did the deed, then filed for and was granted FML, THEN confessed. Her FML was already approved, and her STD claim already submitted before she confessed. Wonder if I can do anything about the STD benefits being paid.

Will forge ahead with the term. We are out thousands of dollars, and she only confessed to part of it. The rest we can't pin on any one person and are stuck with it. Accounting has made some serious changes to their controls with debit cards.

HRQ

Also, we could deny COBRA because of her violation, right? She's gonna have some serious medical bills and she is on our health insurance.

njjel

Yes, you could deny COBRA but it doesn't cost you anything to allow her to elect it. Seems like she has waayyyy too many problems w/o having health insurance on top of it, but then I'm an old softie!

HRQ

It doesn't cost us in premiums, but her medical expenses will affect our future premium increases.

I am extremely disappointed in this employee, and feel "duped." Whenever I visited that location, she was always the first to say hello, she smiled and was more "chipper" than anyone else around, and just really likeable. Also a very bright girl.

I was shocked when it was this one who confessed. All along I'd believed she was being used by another person in the office, and evidently I was wrong.

As for her personal situation, she lives with both parents, is 21 and also full time student (at least she WAS going to school, I don't know about now), so she should be able to get on their insurance.

I replaced any "softie" feelings I had about this one with feelings of betrayal. xx(

ACU Frank

Maybe the lack of AC around there made her go insane. It seems to have that effect.

HRQ

Pppfffbbbbt. x:P