Fired from Walmart False Accusations of theft

[pauldorsey]

Hi, all answers greatly appreciated.I worked at walmart for a few months I was called to the office and told that I was said to be stealing in a department where I do not work.I asked please explain can I see tape thry said no need for that and I was actually areested and taken of the property locked in jail for a theft charge that is still on my record this happened 5 years ago I let the situation go but I honestly DID NOT steal anything so I know that they cannot prove this I feel I was discriminated against no evidence and the charge remaons.My question is in reality can I sue walmart for this? It shows up on background checks has prohibited my from getting jobs and I know they do not have proof I am not a thief and wouldnt have risked my job with this being 5 years ago can I sue them for these false accusations??

 

[cbg]

No, you cannot sue the store for this. They are legally entitled to fire you if they believe you stole, even if they are wrong.

 

[army judge]

Hi, all answers greatly appreciated.I worked at walmart for a few months I was called to the office and told that I was said to be stealing in a department where I do not work.I asked please explain can I see tape thry said no need for that and I was actually areested and taken of the property locked in jail for a theft charge that is still on my record this happened 5 years ago I let the situation go but I honestly DID NOT steal anything so I know that they cannot prove this I feel I was discriminated against no evidence and the charge remaons.My question is in reality can I sue walmart for this? It shows up on background checks has prohibited my from getting jobs and I know they do not have proof I am not a thief and wouldnt have risked my job with this being 5 years ago can I sue them for these false accusations??

Sure, you can sue Walmart, President Obama, Santa Claus, The Easter Bunny, or anyone you desire to sue.

I'll clarify further, OP.

You can initiate a lawsuit.

The court can summarily toss that lawsuit (for a few boring legalities), or your lawsuit can eventually be heard.

Okay, in your story, you say you gave up after being fired.

YOU chose to plead guilty, perhaps.
That's NOT easy, OP.
Before the judge accepts your guilty plea, the bench admonishes you.
You're told your rights.
You're admonished that IF the court accepts your plea, your appellate options are diminished (if not all but given away) as a result of the plea.

Sorry, you can sue, OP.
But for so many boring reasons, your lawsuit is likely to get tossed.
If isn't tossed, Walmart's crack outhouse counsel will surely bring up your plea.
Then, the judge will dismiss your lawsuit with prejudice.

I'm sure this is all very upsetting to you.
There's little you can do now, except to seek a full pardon from the governor of your state.
Barring a pardon, you can request clemency from the governor.
You can discuss expunction with a couple local attorneys.
It's not all that (expunction or expungement), but it MIGHT help.

You can also just stay on the straight and narrow.
You can work to rebuild your reputation.
If anything ever happens like the again, you're falsely accused, say nothing, admit nothing, confess to nothing, ask for (or hire) a lawyer.
Then make sure you get your day in court.

I wish you well, I really, sincerely hope your life gets better.

 

[shrinkmaster]

If its showing up on background checks can we assume you were convicted?

 

[pauldorsey]

If its showing up on background checks can we assume you were convicted?

Yes,I couldnt afford a lawyer had public defender it was charged as misdemeanor but I did not have car mom was tired of bringing me to court and they kept re setting court date did not have a car just wanted to get it over with so I did plead guilty however never stole anything so it was a wrongful conviction

 

[pauldorsey]

Sure, you can sue Walmart, President Obama, Santa Claus, The Easter Bunny, or anyone you desire to sue.

I'll clarify further, OP.

You can initiate a lawsuit.

The court can summarily toss that lawsuit (for a few boring legalities), or your lawsuit can eventually be heard.

Okay, in your story, you say you gave up after being fired.

YOU chose to plead guilty, perhaps.
That's NOT easy, OP.
Before the judge accepts your guilty plea, the bench admonishes you.
You're told your rights.
You're admonished that IF the court accepts your plea, your appellate options are diminished (if not all but given away) as a result of the plea.

Sorry, you can sue, OP.
But for so many boring reasons, your lawsuit is likely to get tossed.
If isn't tossed, Walmart's crack outhouse counsel will surely bring up your plea.
Then, the judge will dismiss your lawsuit with prejudice.

I'm sure this is all very upsetting to you.
There's little you can do now, except to seek a full pardon from the governor of your state.
Barring a pardon, you can request clemency from the governor.
You can discuss expunction with a couple local attorneys.
It's not all that (expunction or expungement), but it MIGHT help.

You can also just stay on the straight and narrow.
You can work to rebuild your reputation.
If anything ever happens like the again, you're falsely accused, say nothing, admit nothing, confess to nothing, ask for (or hire) a lawyer.
Then make sure you get your day in court.

I wish you well, I really, sincerely hope your life gets better.

thank you for breaking this down for me.Guess I shouldnt waste my time with it I just had slight hope that no proof = wrongful conviction.But I thank you for elaborating

 

[shrinkmaster]

There is no wrongful termination as you plead guilty to theft so your record reflects that. If its been five years it might be possible to expunge your record in another two years. There is no suit and there certainly wouldn't be 5 years later.

 

[Betty3]

This was not a wrongful termination: http://definitions.uslegal.com/w/wrongful-termination/

No, you do not have a case against the store. You probably shouldn't have named the store in your post.

 

[Disabled Vet]

Way back in the day... My younger years... My car broke down. The nice thing about it was I was able to watch the sun come up every day. I could hear the birds singing. I could smell fresh cut grass, flowers. Your thinking... how is this possible? How does this apply to your post. Simple. God gave you TWO LEGS for a reason. I would WALK to work every morning and every night i would WALK home. God gave you a mind for a reason.

If your car broke down WALK I know I would NEVER plead guilty to something i didn't do. So you plead guilty so your GUILTY. You can't change your mind 5 years later and blame the employer. Blame yourself because that is where the problem lies... with yourself.

 

[cbg]

It's not because there was no proof that it's not a wrongful conviction (although the kind of proof I suspect you're thinking of is not required for a legal conviction). It's not a wrongful conviction because you pled guilty.

Nor does there have to be any proof of guilt before you can legally be fired.

No illegal discrimination here - only the foreseeable consequences of your own bad decision.