Important: Need Serious Legal Advise

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tarantism

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I got fired from my job yesterday, November 3rd. But I was not fired under normal circumstances, however. My employment was terminated due to accusations of petty theft, a crime which I did not commit.

Before I continue I think it might be worth noting that I was employed by a family business…illegally. I was being paid in cash under the table because my employers did not want to pay taxes. This business was an independent coffee shop.

The day started like any normal work day would, with me arriving to work around 1:50 PM for my shift, which was supposed to last from 2-9 pm. Upon getting called in I was taken to the back room and cornered by my two bosses in front of a video monitor.

I had gotten disciplined a few days before due to the fact that I liked to "prime" my tip jar during my shift (meaning that I would change out all of the coins for bills so that I would get tipped more dollars throughout my shift). My bosses had called me on my previous shift saying that they did not pay me to prime the tip jar, that they did not care if I get tipped or not and that I should be spending the 3 minutes a day that I spent priming the tip jar cleaning their store.

I took it in stride and simply did the extra cleaning that they asked me to do. I did not prime the tip jar until I was on my own time on lunch.

So, fast forward to Tuesday where I am cornered in the back. One of my bosses, the wife, reiterated that she had talked to me Sunday about priming the tip jar. I replied that I had not done it after she had talked to me about. She interrupted me and said that I had been loading up the tip jar with THEIR CASH. They went on to show me a video from one of their security cameras which portrayed me helping a customer.

Now, at this coffee shop many of the regulars simply leave dollar bills on the counter if they are in the rush because the coffee is self-serve. In the aforementioned video I was busy with another customer when one of the regulars come in and left two dollars on the counter. I proceeded to complete my transaction with the other customer, after which I was tipped. Then, moving away to continue with my daily tasks, I picked up the two dollars left on the counter and dropped them in the tip jar. In the video, it is clear that I am not paying attention to what I am doing and simply mistook the two dollars as a tip.

My bosses played this video back for me three times. I said that it was clearly me making an absent minded mistake, and that I would be glad to pay back the two dollars mistakenly taken by me. They said that this has happened multiple times, and that they had it all on video. They went on to say that there was as much as 40-60 dollars missing from the register routinely after I closed the store. They said that I was cupping the bills to make it unclear how many 20's I was holding, and then somehow pocketing the bills. They also claimed that they had complete video evidence that proved beyond any doubt that I was a thief.

Then, logically, I demanded to see all the evidence that I was stealing from the register. My other boss, the husband, told me that they didn't have time to go through all the tape and that they had already been over it all with a police officer who had confirmed that I could be arrested due to petty theft. They both outlined my options from that point on: I could stay there and wait to be arrested by a police officer or I could write a statement describing what "crime" I had committed and then pay them restitution equaling to the sum of my last three days of employment there (totaling roughly $170).

I told them that any restitution that I paid would have to be calculated based on all visual evidence of the tape (which they still refused to let me see). I also repeated that I needed to see all of the supposed proof that they had that I was a thief. The proceeded to get in my face and swear and yell at me, placing as much pressure as possible on my to make a decision. Unfortunately this strategy worked, as in my shocked and disbelieving state I panicked and wrote out and signed the statement as directed by them. The statement reads as follows:

"I, (my name here), have agreed to pay (name of the business) my earnings for the final days of my employ here due to accusations of theft. I will not come back on their property. If I do come back onto any property owned by this cafe's ownership I will be arrested for trespassing."

After I had signed this, they directed me out of the store.

Now, I am not a thief and I know that. My question for anybody here who can help me is this: How can I attack these horrible people in court? What would be the best legal avenue for me to explore?

Any help would be greatly appreciated. I am sorry for writing a novel haha but details are important here. If anything is unclear then I can answer any and all questions.

Thanks again,
-J
 
I am not a lawyer, and I suggest you speak to one asap. What I would do is call the coffee shop and explain to them that they may want to reconsider their decision as you are going to contact the IRS about this situation, and maybe they could(help) do a full audit of their books and accounts. Obviously, they are not in the greatest financial shape or they are skimming and will show a loss on their books (blaming it on you of course). This method almost always works. If they were paying you cash, they have much more to lose than you do, especially if you remind them that you will fully disclose the cash payments made to you. Good luck!
 
I am not a lawyer, and I suggest you speak to one asap. What I would do is call the coffee shop and explain to them that they may want to reconsider their decision as you are going to contact the IRS about this situation, and maybe they could(help) do a full audit of their books and accounts. Obviously, they are not in the greatest financial shape or they are skimming and will show a loss on their books (blaming it on you of course). This method almost always works. If they were paying you cash, they have much more to lose than you do, especially if you remind them that you will fully disclose the cash payments made to you. Good luck!

Thank you for your respnse oramac68! I was going to consider that route of calling them and letting them know that I can and will contact the IRS regarding them paying me and probably other employees illegally. One thing that worries me would be some sort of violent retaliation from these people.
 
A few questions: Was seizing the pay for the final three days of my employ there legal? Can I sue these people for wrongful termination? Anything else? What type of attorney should I seek out? Is it possible to get a free consultation regarding my situation?
 
Don't know the answer to those questions, you may want to talk to someone at your town hall, city about lawyers in your area that give free legal advice, especially if your income is low. Best of luck!
 
First of all, YOU were not doing anything illegal by working "under the table", unless you did not report all your earnings and paid all the taxes due. It was the employer that was in violation of a number of laws by intentionally misclassifying you.

Second, they don't have to show you any evidence of ANY kind. The employer is not a court of law and the rules of evidence don't apply. This was not a wrongful termination, even if you had been an employee. A wrongful termination means that an employee was terminated in violation of a specific law; being fired for something you didn't do is not illegal.

Third, you never should have signed that statement.

You can do two things. You can file a claim for unpaid wages with the DLSE and see what they say. You can also file for unemployment benefits. In both cases, the company will have to justify to the applicable government authority 1) why they should not pay you the wages you "gave up" as restitution (I would claim coercion) and, 2) why your IC status was appropriate and therefore they did not report your earnings and pay the applicable UI taxes.

Unfair, inappropriate, etc., but the termination was not illegal. So I'm not sure what good an attorney will do you that the DLSE and EDD won't/can't.
 
Don't know the answer to those questions, you may want to talk to someone at your town hall, city about lawyers in your area that give free legal advice, especially if your income is low. Best of luck!

This seems to make good sense to find out about free legal advice.
 
I got fired from my job yesterday, November 3rd. But I was not fired under normal circumstances, however. My employment was terminated due to accusations of petty theft, a crime which I did not commit.

Before I continue I think it might be worth noting that I was employed by a family business…illegally. I was being paid in cash under the table because my employers did not want to pay taxes.
Oops.......... stooped reading right there, cant go to court with dirty hands. Find another job on the level.
 
i dont think you really have a leg to stand on here buddy. The put the pressure on you to sign something, and you folded. It is clear in the statement that you admit to petty theft and that you agreed to pay the restitution. Im no legal expert, but my advice would be to move on and find a better job where they appreciate you and your time.
 
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