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Accused of Theft, Dismissed, Now What?

Discussion in 'Employment, Labor, Work Issues' started by Ang1, May 11, 2019.

  1. Ang1

    Ang1 Law Topic Starter New Member

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    In October of 2018 I was working at Walmart and was called to the back into an office. Long story short I was accused of helping a coworker steal. 3 instances, I told them I wasn't even aware she was stealing. They even had her listed by two names so while her nametags said one name her paperwork said another so they kept asking me why did i help so and so and i had no idea who they were talking about until shown a picture. A blurry picture at that, which was considered "evidence." I feel because I didn't know her "real name" and was asking for evidence and wanted to know exactly what they were accusing me of they felt I was guilty. They wouldn't accept that I didn't know and they couldn't contact they employee I was said to have helped because she was fired the week before for other reasons. I was arrested and my personal items thrown away(coat etc). 3 counts of shoplifting and fired. 5 court dates and 8 months later, still no job all 3 charges were dismissed due to lack of evidence and witnesses. My question is, will that change my employment record if they fired me for theft? And do I have a possible lawsuit? I was published in the newspaper with my picture and address and charges, I was arrested at Walmart at the entrance and the managers accused me of trying to run. I had severe anxiety and depression as a result of this, loss of finances and I also already had health issues. I'm not looking for a million dollars just want to know my options. Thank you for any responses.
     
  2. army judge

    army judge Super Moderator

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    That's good, because I don't see any possibility of $1,000,000 coming your way because of the original incident.

    You might want to avoid seeking jobs in retail or banking for the next decade, maybe longer.

    Visit 2 or 3 local attorneys to discuss any legal remedies that might be available to you.
     
  3. mightymoose

    mightymoose Moderator

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    From what you describe the only problem I see is the loss of your personal property when arrested. Those should have been retained and returned to you upon your release. You might take action against the department for the value of your property, but it probably isn't worth the trouble.

    It does not matter if you were found guilty or not, the store can still fire you.

    You may have been recorded in a retailer database for shoplifting and that record, if it exists, could be making it difficult to achieve new employment.
     
    hrforme likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    Here's a lesson for the future. When somebody accuses you of a crime the first words out of your mouth should be: "I'm going to hire a lawyer." Then shut up, get up, walk out and go hire one. You might have been fired on the spot but you might have avoided the 8 months of grief that talking to them resulted in.

    Watch these videos. It doesn't apply to just police it applies to anybody accusing you of a crime or even civil wrong doing.



     
  5. cbg

    cbg Super Moderator

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    will that change my employment record if they fired me for theft? Not unless the employer chooses to change it. "Dismissed for lack of evidence" is not "innocent". It is still true that you were fired on suspicion of theft, and while you were not convicted, you were not technically cleared either.

    And do I have a possible lawsuit?
    Not against your employer.
     
    justblue likes this.
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    As stated your biggest concern should be work in retail if this store uses a Retail data base and/or if contacted they tell potential employers you were fired for theft.

     

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