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Unlawful Accusation of Theft W/O Proper Evidence/Unlawful Termination

Discussion in 'Termination: Firing & Resignation' started by iqaisar, Feb 3, 2014.

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  1. iqaisar

    iqaisar Law Topic Starter New Member

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    First of all, this is my first post to the forums so please excuse me if it has not been posted to the correct section.

    As of 1/29/2014, I have been terminated by my General Manager due to an Accusation of Theft as a Front Desk Agent at a Hotel Chain. The GM stated that there was $95 in cash missing from the Cash Drawer, he provided only the Paid-Out Receipts I had processed and a Cash Drop Log Report signed by all shifts of each Cash Transaction processed. There was no Cash Count Report log in his possession that we as Employees are required to fill-out and be signed by our "Incoming Shift" at the end of our shift.

    Upon receiving the news I was in shock and emotional distress to be claimed of theft with all my encompassed effort put into the workplace. I did not admit to any theft of monetary funds from the Hotel workplace and asked the Manager to cooperate with me if there was a Mechanical mistake that was overlooked or if I had made a mistake myself. The GM stated that there is no "gray-area" to be looked at and that "it is what it is". I kindly asked for my Cash Count Report that is to be filled out by all shifts entailing the amount of Cash found in the Cash Drawer from begging shift and the end count at end of shift..yet he stated that it was not relevant to the matter and that he "did not have it". I tried and tried again to dispute his claim honestly yet he did not want to cooperate and through his anger/hostility was trying to contact the Regional Manager by phone to prosecute but our Operations Manager withheld him from doing so. I stated I will accept termination but "I am not guilty nor innocent" for their claim.

    __________________________________________________________________________________________________________________________________________________________

    Here is how my cash handling process went through my shift in chronological order:

    Begging of Shift: Found Cash Count to be $200.17
    Cashiered Breakfast & Snacks $2.95
    Guest extended stay by one day at an exact rate of $89.27 and used remainder to by Snacks in total sum of $100 dropped into Cash Drawer.
    Processed Guest Paid-Outs for Security Incidentals in sum of $95 (25+25+25+20), this was the deposit due back to our Guests.
    Petty Cash from previous shift around $13.00

    Thus the total balance including Paid-Outs (Paid-Outs count as Cash) and Petty Cash Slips equaled over $300. My Total Drop into the Bank Safe was $7.95
    __________________________________________________________________________________________________________________________________________________________

    At the time, I was in too much shock and distress to properly process my statements and review the finding. All my Colleagues were in disbelief in my Termination and have been helping me confirm my Cash Settlements. I have documented screenshots and Reservations to provide my own grounds of evidence in Innocence. ALL my Colleagues are willing to provide statements of my Work Ethic, Diligence and Behavior at work were beyond expectations without any negative demeanor. This behavior would not be reflective of my work ethic...I worked ALL Holidays even of my own Religious Holidays were not granted. He had also previously fired an Employee (Operations Manager) of the same Race and Religion.

    I have noticed my General Manager showing hostility towards me before the Termination due to my request of Front Desk Supplies, adjoining shift to help me process High Occupancy Days, reporting an incident of a guest with the cleanliness of the room to our sister property, asking to properly train the new employees (3) in how to properly make Cash Handle (Reports, Drops, System), and had witnessed both the Operations Manager and General Manager drinking while on the clock at the property displaying inappropriate behavior with guests along with other coworkers.

    My regard is that this seems all in categories of Discrimination, Defamation, Emotional Distress, and False Report/Accusation. What can I do further to collectively and properly pursue my innocence and a possible case?

    I will be heading to Corporate HR to dispute my innocence with all my proper documentation of System, Reservations, Cash Drop, etc.
     
  2. iqaisar

    iqaisar Law Topic Starter New Member

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    Forgot to state, I did not sign any papers of my Termination...as far as I know it is not on my Record. Also, I have no misdemeanors or any criminal history.

    I have already filed for Unemployment Benefits and moving forward for a new job opportunity.
     
  3. disagreeable

    disagreeable Well-Known Member

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    Unless you are covered by a CBA, it appears you were legally terminated as an employee at will.
     
  4. iqaisar

    iqaisar Law Topic Starter New Member

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    I understand Virginia is a "Right to Work" State and Termination at will. What I am trying to state is that, without proper grounds of evidence the termination could be unlawful due to Discrimination and False Report. When I have not stole anything from the company, I could potentially pursue it in court for Defamation, Emotional Distress, and Discrimination.
     
  5. army judge

    army judge Super Moderator

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    Yes, you, as is anyone free to take any matter to court.

    But, from what you state, you have nothing on which to base a cause of action.


    So, did YOU complete aforementioned "Cash Count Report log"?

    The GM could only have the "Cash Count Report log" if you had completed one and turned it over to the relieving shift.

    Did you do so?




    I used the numbers you supplied, according to my calculations, I find about $100 short.

    Cash on hand, start of shift = $200
    collected breakfast +$3.00
    collected room & tax +$90.00
    collected snacks +$10.00
    paid out deposits -$95.00 (-25-25-25-20)
    petty cash prior shift +$13.00 (unsure why this wouldn't be accounted for as cash on hand, start of shift????)
    -----------------------------------------------------------------------------------------------------------------------------
    Should be in cash drawer end of shift = $200.00 (You took in $116, paid out $95; cash drop should = $21.00)

    In essence, something is wrong, as the drawer doesn't balance based upon the information YOU supplied.

    You dropped $8.00, but by my calculations, you took in $116.00, paid out ($95.00); your drop should have been $21.00

    Bottom line, an employer doesn't need to tell you why your services are terminated.

    So, I still see no case.

    The discrepancy equals the "paid out".

    Those pesky paid outs might be the problem, if they weren't properly documented!
     
    Last edited: Feb 3, 2014
  6. disagreeable

    disagreeable Well-Known Member

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    It is not illegal discrimination based on your story.
     
  7. iqaisar

    iqaisar Law Topic Starter New Member

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    Yes, I had completed the Cash Count Report and dropped it with my Envelope containing my Cash taken-in.


    Let me make it more comprehendable and forgot one line. These do not denote the exact change amount.

    Cash Drawer at starting shift: $200.00
    Room & Tax: + $90.00
    Room Post (for snacks): + $11.00
    Breakfast: + $2.95
    Paid Outs (Due Back): - $95.00 (-25-25-25-20)

    I ran my Computer Cash Count Report from the System = Drop of $5.00 ---> $100 (Room&Tax + Posting) - $95.00 Paid Outs = $5.00
    I ran my MICROS Food Cashiering Report from the System = Drop of $2.95
    Total Drop from both Systems = $7.95

    Paid Outs/Due Back Reports are still documented in the Cash Drawer as Cash, so this adds to total at end of shift at $295.00

    Does this make clearer sense? You are starting to clear it up, I am thinking it is a mechanical error or documenting error on my part.
     
  8. iqaisar

    iqaisar Law Topic Starter New Member

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    I meant $10.00 for Room Post.

    BTW: How come when I click Edit Post, it directs me towards an Ad?
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    Right to work state is a Union reference the term you were looking for was "at will"
     
  10. iqaisar

    iqaisar Law Topic Starter New Member

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    I have a lot to learn with understand Labor Terms, thank you for clarifying.

    SIMPLE MISTAKE: I have actually figured out that there was no shortage with my Colleague, the Paid-Outs WAS SUPPOSED to be dropped with my Envelope since the Cash Drawer was not negative.

    So...with this figured out and confirmed. Is there anything I could do? His hasty judgement made a false call.
     
  11. army judge

    army judge Super Moderator

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    It seems as if BOTH of you got a bit agitated.

    I suggest you speak with the person that helped to stop him from calling corporate.

    Meet with that person, explain how it was all a tragic, silly mistake; and ask how you can get your job back?

    HINT: It never hurts to be CONTRITE and APOLOGETIC.

    Good luck...
     
  12. iqaisar

    iqaisar Law Topic Starter New Member

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    Thank You so much, you actually are the reason to why I found the answer! Much credit to you!

    I could have a case of Defamation and Wrongful Termination. But I rather settle on getting the job back, clearing the tarnish on my profession and asking for a transfer to a new company within same Corporation Brand but not the Franchise.
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    Wrongful termination has a clear definition according to the law. Your case may not meet criteria for such. Wait for CBG she is a HR expert
     
  14. cbg

    cbg Super Moderator

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    Right to work means you cannot be forced to join a union to get work. It has nothing to do with your situation. What you mean is that Virginia, like 48 other states in the US and in some circumstances the 49th, practices the doctrine of employment at will.

    And no, you could not (successfully) sue for any of the things you mention; not for the firing alone. Your employer is not a court of law and is not required to have any kind of proof before he fires you. He can quite legally fire you on suspicion alone.

    Now, if he tells someone (say a prospective employer) that you stole from him, that would be a different story. (Note that he CAN legally say that you were fired on suspicion of theft, since you were - telling someone you were suspected of stealing, which is true, and that you stole, which is at best unproven, are not the same thing) But it is not defamation to fire you for suspicion of theft; nothing you have posted comes even close to meeting the definition of illegal discrimination; and without far, far more than you have right now, a claim for emotional distress (even if recognized in your state - not all states do) will be dismissed by the court, probably unheard.

    Wrongful termination does NOT mean that you were fired for something you didn't do. It means you were fired for a reason prohibited by law. This was not.
     
  15. ElleMD

    ElleMD Well-Known Member

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    As cbg pointed out, your employer is not a court of law and could fire you legally even if they kne wthe allegations were false or you could prove they were false. Your guilt or innocence is a matter for the criminal justice system alone, should your employer ever file charges. The court may care that you are a stand up individual with many to vouch for your ethics, but your employer need not care. That your coworkers think you are keen, you worked holidays willingly, and that it might have been an honest mistake really doesn't matter. You either stole or made an error and your employer is entitled to terminate you for it. It is not even close to the standard for intentional infiction of emotional distress nor any of the varius other allegations you are attempting to levy against your employer.

    As was pointed out to you already, defamation only comes into play if your employer shares information they know for fact to be false with some other party in an attempt to cause you harm and you actually suffer some harm. Embarassment is not harm. Nor is stres over being fired. It also doesn't matter one bit that your manager may drink on the job or have fired others for cause. What happens to and among others simply has zero impact on your case. No court is gong to care if you worked for Ghengis Khan's protege or Pollyanna. It just doesn't change the facts and isn't relevant. Pointing the finger at others isn't going to reflect favorably on you.
     

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