Green_Hornet
New Member
Criminal what is this none sense? The criminal was the guy that showed up packing heat, telling the victim to empty the till. You think the employer is going to file criminal charges against the victim? There is no maybe about it-the tapes are discoverable. I think a reasonable jury watching all of them and seeing only one employee getting the ax, will have to ask why?Maybe, maybe not.
Disparate treatment can be one defense in a civil case, I suppose, but it does not mean that he is innocent and he CAN still be criminally prosecuted for the theft. In a criminal case, the state does not care if other employees have been reported or not. The criminal aspect cannot be discounted in any consideration made by the employee and his attorney ... assuming he IS fired, and this has not happened yet.
If he is not terminated, then he pretty much has no case against his employer that I can see. It might take a lot more than a grueling interview for a jury to think that he is being picked on to the point he should be rewarded with great sums of cash. But, I suppose it would depend on whose rendition of the interview the jury might believe.
- Carl