falsely accused of theft then terminated

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gjanamarie

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Hello, I had been working at my job for 2.5 years. I had been promoted and scored excellent on all of my performance reviews. On Tuesday morning I was called into the office where I was met by a loss prevention associate from another store. He began by asking me what my home address was and then went on to ask about my length with the co. He then started telling me about cashiers who appear to scan things but really don't, asked me what i like to do in me free time...do i like to purses? do i collect anything? he then wanted me to pretend i was a business owner confronting two lazy employees. did i want a cooperative one or one who was combative? i said i guess i would want the cooperative one. Ok, at this time i still don't know exactly why i'm there. He was asking my previous address in another state and if i lived there still. he started telling me about how hard times are with christmas coming. He then asks me where an item is. I said what item. he said the item you stole. I said i didn't steal said item. then he asks me if i remember october 16th? I went to look at a calender and he says it was a sunday(which it wasn't) you worked that day you left for the day at 3 pm. I said no i didn't i work 11 to 8 on sundays i didn't leave for the day at three. he said to stop lying and just admit it and that i could pay restitution. i said i wasnt going to admit it or pay restitution for something i didn't do. he said i have you on tape stealing this item. i said no you don't i didn't take said item. i then said can i see this tape he said no, i don't have to show it to you. this went on for about an hour he kept telling me to save myself and just admit i took it. i told him i would not because i didn't do it. by now he has already started raising his voice, leaning into me and leaving the room each time he comes back he is more irate than the last. now he takes a piece of paper out and wants me to write down that i took the item. again i say no. next he calls his boss who tells me he just can't believe that i did it, not me, and that i should just admit it to "help myself" i said no. now they call the police, when the officer shows up he tells him that he gave me the opportunity to save myself but i chose not to take it. i tell the cop that what he wanted me to was admit to something i didn't do. needless to say i got fired. this man states he has a tape of me clearly putting my right hand into a box and clearly pulling out an item and clearly putting it in my back pocket. i told him that would have been awkward for me since i'm left handed. i'm also tattoed on both hands so it should be easy to see my hands. i have to go to court on the 16th. let me also say, at the risk of pontificating, that i am moving into a newly purchased home so money isn't really an issue, i have a combined monthly income of $6000.00, we own the audis my fiancee and i both drive, we also own a small business and lastly i'm not a christian so the whole no money before christmas thing has no impact on me either. supposedly i also took this MSRP $200.00 item to sell, i guess, the day after i got paid too. i've watched the same cop shows this guy has so i know he was trying to confuse me and intimidate me by yelling at me and leaning into me like that but the simple fact is i didn't do it. i don't deny the existance of a tape, i was in a secure area, i know where the cameras are. i don't know the item was in fact in the box when i supposedly took the item out. when i go to court will i be able to see the tape ? what is my legal recourse such as defamation of character and what not? i don't want to get my job back. i want a letter of apology at least and my name cleared. i may be a lot of things but a thief is not one of them. right now the word being spread through the grapevine is that i got caught stealing and it's just not true. i am gathering my character witnesses, most websites say three is sufficient. i also don't think i get paid for the two weeks vacation i held off taking for our move. DE is a hire at will state so they can come up with any reason or no reason for firing me, but i didn't take the item and i want that proven, i need it to be proven. I am innocent until proven guilty correct? and the burden of proof lies with them correct? so they must have to show the tape to show beyond reasonable doubt that i took this? what can i expect to happen after my intial appearance after i plead not guilty? will something like this go to trial? any information is helpful. please excuse me if i sounded like i was bragging, it's just that i've been sitting here thinking about the acts i did at work that apparently went unnoticed, i was reliable, they could count on me and they knew it. i sure as hell didn't need to take a 200.00 item that i could have bought anyday i wanted. There is one person there whose opinion means more than anything to me. he was a father figure my very own real life atticus finch and i just can't bear to think that he would believe this about me. i admire him so much, i must clear my name.
 
I just read the subject line and the last sentence. Your post is WAY too long and needs paragraphs and white space for anybody to read it.

But, if you're asking if your temination was legal, yes it was. "Clear your name"? For what purpose? Is the ex-employer telling others you were fired for stealing? Or just that you were fired for suspicion of stealing?
 
The term is "at will" not hire at will. Now on to your issue. If can see tape by having your Attorney request it through discovery process of your criminal case. However if its not you as you say and DA sees tape he is likely to drop charges. You need to talk to an Attorney on how to proceed. Far as defemation goes thats tough one. The compnay can fire you for suspected theft and that is not a lie. You can certainly talk to a Civil Lawyer after this is over and see if you have a Civil case. Expect it to be long process with Lawyer making most of the money. This sound s like a "retail theft" issue. In my signature line is alink to a forum (not unlike this one) it deals with retail theft issues. The experts there might have more answers for you on how this willproceed and the actions of loss prevention
 
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