Accused of theft, and fired on the spot

[envenomm]

My husband was just recently fired from his job at a local vending company. He was a dedicated worker, picking up other people's routes when they were out. He had not had any previous problems with his boss; in fact every audit that was performed on his route came up perfect. During the summer months because of the amount of tourism that hits the machines in his route, he got added help for some of his machines. When he was collecting from a machine, he noticed that the money looked funny, that the bills were pulled and sticking out the sides of the bill collector. He asked his employer to audit those machines. They audited a bunch of machines, and told him that they were all total about $900 short, and that they were sorry but they had to let him go. I understand the suspicion on the company's part, because it was his route, and his responsibility, but on the other hand, he was NOT the only person who did that route during the month of august, and realistically any one who works for that company has access to the machines, every machine this company owns has the same keys to open the door. Now this company won't answer his calls, or even let him sit down to clear his name. He did not steal that money, and the company didn't do anything with questioning the other 2 people who had ran his route that month or any of the other employees. They won't give him the time of day to try and work with the employer to find out what machines were short and when. I believe that the company looked at him because he was the newest employee, one person who ran that route with him was a long time employee and the other employee who ran that route was the route supervisor. The company is giving no proof that my husband stole that money, no charges are being filed. My husband doesn't want his job back, he wants his name cleared. Is this slander, defamation of character, wrongful termination? I understand "At Will" employment, but can they really fire him and label him a thief? How is he going to get another job when he was fired because of suspicion of stealing? Neither of us want to make this a race issue, but it is hard to ignore the fact that the "young black man" was fired, and no one else was even questioned. What are our options?

 

[cbg]

This does not constitute a wrongful termination under the law, and under the facts you have stated he does not have a claim for defamation or slander.

In the future, IF a prospective employer calls for a reference AND the former employer says that he STOLE (as opposed to was suspected of stealing, which is a true statement), AND as a result of that reference he is turned down for new employment, THEN he may have a claim. But it will be very situation specific, and he does not have a claim based on what has transpired up to now.

Since the young black man was the one who was responsible for the route, it is unlikely that you can make the race card play this hand.

 

[faq_]

Once again, employers have no rules to follow. Did they even have proof that money was stolen - probably not. Can your husband collect employment insurance because they technically fired him - probably not. It drives me nuts that employers can do whatever they want to whomever and have noone to answer to. A job is someones food, shelter, and life. Ive had this happen to me 2 years ago where I was accused of flipping out on a girl in the smoking area and was fired the next day that it apparently happened. I DONT SMOKE!!
There were 300 new employees... my name is common and annother girl with the same name was fired 2 days later...a smoker. I know the team leaders personally and they told me what happened, and I knew the girl who was fired...she told me she yelled at the girl.
When UI tried to contact them they totally egnored the calls forcing me to wait 16 weeks for assitance. There was nothing I could do. They lied and egnored my right to collect insurance so I didnt loose my appartment.... I filed a complaint with the labour board....notyhing happened because they lied and said I was late for work and that why I was fired... I was never late for work, I got a ride in with a team leader every day and they have to be there 45 minutes early.
All they have to do is lie, and theyre scott free.

 

[Duranie]

I agree there is no evidence at all that he was fired becuase of his race. If a white man ran the route he might have been fired as well.

It appears the employer did nothing wrong. They can fire just about anyone for any reason. I agree that only if they give a slanderous reference then he might have a case, but it is probably in his best interest to just look for another job.

 

[envenomm]

It is very frustrating, because now even if they do say he was "suspected of stealing" then his image is already tainted in the eyes of the perspective employer. He can't lie when asked why he doesn't work at his previous job, so when he explains, he is "incriminating" himself. He cannot collect unemployment benefits either. It burns me up that the employers word can be taken without question, like they are some how beyond us and incapable of making mistakes or lying. Now we have bills we need to pay, children to feed, and a life to lead as he struggles now to find work. An employer should not be able to label someone as a thief without proof. And yes, unfortunately saying someone was "suspected of stealing" is labeling him or her as a thief, they have to prove themselves innocent, or find someone who is willing to take a chance on them.
It is an unfortunate situation, but we will get through it.

 

[Beth3]

Why do you say your husband can't collect unemployment benefits? He likely can unless the employer can provide reasonable proof that your husband did steal from the company. While it's lawful to be fired for suspicion of stealing, suspicion is usually not enough for UC benefits to be denied.