False accused of stealing.

[undefined]

I'm wondering if I have anything to work with here. I was falsely accused of stealing. Our company has a break room, and most of the items inside the break room are there without receipts(it's company policy to have everything with a receipt).

In our breakroom everyone eats each others food. Basically, if you leave something out, then anyone can eat it. I know I've left tons of food I've bought in there and came back and it was eaten.

So last night I took a piece of beef jerky that was hiding away in the corner, my manager came in and asked if I had a receipt for it. I told him that it wasn't mine..and that people always eat each others food in here.

He stated that the beef jerky was not in the break room originally and that when he left and came back it was there. He also stated there is another employee that can vouch for that.

I'm not sure how that holds up...but I never took anything. Not to mention, why would I risk losing my job over a piece of beef jerky? Also, I was always under the opinion that it's not stealing until you leave the store or consume the item...So if I originally did take the beef jerky into the break room, one bite could be stealing? If so, that just doesn't make sense...especially since I never even put the beef jerky there in the first place.

I told my manager this morning that I'd be glad to pay for the jerky, even though I never took the item to begin with. He told me that it's not his decision and that he has to forward all his information to human resources and they will make a decision.

Is there anything I can do? If not, if I get fired for this...and do not reference this job, is there any way that future jobs can see why I was fired? I'm not too upset about being falsely accused as long as I could get another job. I don't want this to ruin me..

Also, if I did get fired, could I apply for unemployment up until I got a new job? Or could the unemployment services also look back and see why I was fired?

Thanks.

 

[NYClex]

If I understand your story correctly, you are being accused of taking some jerky that was outside this break room for sale inside and eating it.

That would actually satisfy the elements of theft. Contrary to a common belief, theft happens once you move a thing that is not yours with the intent to deprive the owner of it. So it is larceny if I take a glass of goodies from one shelf to another with the intent later to pick it up and take it out of the store. The simple taking it from one shelf to the other is enough. (Another question is if this would be ever charged, since it is much easier to prove someone's intent to steal the thing once he carries it out of the store. But the law is clear on that: "trespassory taking and carrying away" is enough)

Unless you are being charged and convicted of theft, nobody will find out about it by checking your criminal record.

 

[undefined]

If I understand your story correctly, you are being accused of taking some jerky that was outside this break room for sale inside and eating it.

Correct, but I didn't move the jerky from outside the break room to inside. I found it in there...but the manager is claiming that it was never in there to begin with. If it wasn't in the break room to begin with, I never would of even touched it.

 

[undefined]

Also theft happens once you move a thing that is not yours with the intent to deprive the owner of it.

I never intended on depriving of its owner either...I mean, I thought this beef jerky was bought by someone in the store, left in break room, avaliable to be eaten.

 

[Beth3]

undefined, whether your actions meet the criminal standard for theft is completely irrelevant. If the employer wishes to discipline or fire you because they suspect you of stealing or eating food that was not yours, they are free to do so. The ball is completely in the employer's court.

Is there anything I can do? All you can do is wait and see what happens.

If not, if I get fired for this...and do not reference this job, is there any way that future jobs can see why I was fired? You're asking if you lie on your resume/job application and omit this employment whether there is any way a future employer can find that out? Sure - there are any number of ways. The most common is a casual happenstance exchange between two managers - one from your new company and one from your old company. That kind of thing happens all the time because the business community is a small one. Your new company will then fire you for lying on your application and you'll have even more problems than you do now. Falsifying your resume or an application form is a very bad idea.

Also, if I did get fired, could I apply for unemployment up until I got a new job? Anyone can apply for unemployment benefits. The State decides who will receive them based on that State's UC regulations.

Or could the unemployment services also look back and see why I was fired? When/if you file for UC benefits, the State will contact your most recent employer and inquire about the circumstances surrounding your separation. Your ex-employer can and probably will them them about the suspected theft.