Gross Misconduct Mitigating Circumstances Please Help

System

bendix wrote: »

I dont get it? Is the OP suggesting his wife wants to go back to work there?

Whatever the reasons for the lapse of judgement she did two things: she permanently broke all trust that might have existed between herself, her bosses and fellow workers, and she committed a criminal act.

She can never go back to work there. I would focus on resigning, explaining the situation to her bosses and hoping against hope that they don't press criminal proceedings.

BUT and this a big but, you could argue the OPs wife may not fully have been aware of her actions due her mental functioning? As taylor21 says if there is pychosis involved then she could have been "commanded" to take it for all we know.

I think there are mitigating circumstances and you could argue that, possibly with the support of her doctor/psychiatrist/cpn etc.

The problem i see more, is not that the company won't trust her, but that they know she is mentally ill. Companies aren't supposed to discriminate but there are plenty out there that will. And i could see them trying to sack her on capability grounds.

Whatever happens, i wish the OP's wife the best for her recovery, it must have been a massive shock for the OP and witnessing a loved one in so much distress is not something i'd wish in anyone.

dmg24

xXMessedUpXx wrote: »

And i could see them trying to sack her on capability grounds.

This is another important issue. Irrespective of the reason, long term absence could lead to dismissal on capability grounds.

OP, the employer can state on references that the employee was subject to disciplinary action, either pending or resolved. As long as the information they give is accurate and presents a true picture of the situation, they can state pretty much anything (the exception being going into detail about the employee's medical condition).

I am not sure that you are doing anybody any good by dragging this situation out. No one can speak for what your wife would want, but I know that if it was me (and I have been close to this type of situation, albeit without any criminal element), the thought of having to go back to my employer and apologise/ explain something that I did whilst I had been unwell would not encourage my recovery.