Wrongfully accused.

Status
Not open for further replies.
B

bekahwegner

New Member
I currently have a retail job and some theft has occured. My store manager found chocolate bar wrappers in the staff bathroom, which totals up to less than $10. One day when I was working on main cash I was called to the office. When I got there our district manager was there as well. He asked if I had any clue to what this was about, and I had absoluetely no idea. He told me that they found these(wrappers) in the bathroom and it would have to be someone tall because of where they were found. He told me that he had to talk to a few other people before he could go any farther. He also told me that whoever it was he would use the full extent of the law. As well he told me that when the person was caught that our whole town would know. Is this considered a threat? I am also the newest person to be working there. They estimate that the stealing has been going on for 4 to 5 weeks and I have only been there for 2 months. What Im wondering is can he fire me for this even though I didnt do it. As well there are no cameras in the store so he doesnt have any proof to say it was me or anyone for that matter. What could possibly happen?
 
We have no idea if it's a threat or not. But even if it is, that's not illegal.

If the company investigation leads them to believe that you were responsible, they may discipline or even fire you for it, even if they are mistaken. It would be unfair but not illegal.

Hopefully that will not happen, and I am not saying it WILL happen. I am saying it CAN happen.
 
This is friggin lame. I have no idea how to prove to them that I didnt do it, but I suppose they are going to believe what they choose. Thanks for the advice.
 
Theres no law that requires an employer prove theft in order to terminate. Google "at will" I agree it seems unfair but its not unlawful
 
Im not completely sure what my District and store manager plan to do but if they do fire me because of this, what if they involve the police? What happens then?
 
Im not completely sure what my District and store manager plan to do but if they do fire me because of this, and they believe that I am the person who was commiting the theft, what if they involve the police? What happens then?
 
Im not sure what my District and store manager plan to do but if they do fire me because of this, and they believe that I am the person who was commiting the theft, what if they involve the police? What happens then?
 
This is going to sound easier said than done, but I would take a deep breath and relax. From what you have described, it sounds like they obviously don't know who it was, and were bluffing you. It had to be someone tall???? Why? Is there a tall dudes trash can?? BS.

As Jacksgal has said, your employment is always at will unless you are part of a union or under some other kind of contract. But I would also think they would be aware they could be treading on dangerous grounds if they are accusing you of theft without proof, and they are claiming the whole town would know. If they did fire you, and accuse you of theft, AND made anyone else aware, then you might just have a slander or libel suit.

Just remember too, don't give them any kind of reason to fire you otherwise, not that they need it, but it makes it easier on them if you call in sick too many times, or screw up on some other policy.
 
After the incident in the office happened I went straight back to work and thats what I have been doing since and thats what Im going to continue to do. And tpajet the store I work in happens to be only female workers and at least half of the staff are quite short ( Im about 5'8-5'9) and basically what she was implying is that it would have had to of been a spot easily accessible to the tall staff. I have talked with my sister who is a manager at the store (shes like 5'3) and she told me that she could reach anywhere in the staff bathroom that I could so that kind of screws them with their "tall" statement.
 
And that's part of why I say they were BS ing you. They are just trying to make you think they have some solid fact, when the truth is they don't have squat, and I'll bet they've actually interviewed a few other people, you just don't know about it. I'm also willing to bet that if they have interviewed anyone else, they pulled some similar BS on them.
 
YOur height or anything else you throw out there hasnt changed the fact they think you might be involved. You were questioned and returned to work. Others were likely questioned also whether you think so or not. Nothing unlawful has happened. If your fired that too will be lawful. Google "at will". they don't even have to fire you for theft! right now you have a job you gave your version of the alledged event leave it at that.
 
My guess here they don't have a clue who stole this chocolate. The manager is calling employees in one at a time to rattle them in order to curb pilferage. If you didn't take the candy-you did not take the candy, its not your job to prove you did not take it.

I think you are worried about a firing that more than likely not even happen. All though you can be terminated "at will" that does not mean they can terminate you, and say we terminated her for stealing, when in fact you did not and there in no evidence that establishes that. That would raise liability issues otherwise.

Like tpjet says continue working don't worry about it.
 
Last edited:
Just to clarify:

If they ultimately believe you are the one doing the stealing, and I agree that it sounds as if you are not the only one they are talking to, but IF, then yes, you can be fired for it, even without proof, and even if they are mistaken and you are completely innocent.

However, GH is right that without proof, they cannot say to others that you were fired for stealing. The most they can say is that you were fired on suspicion of theft.

I really think that you are worrying in advance. It doesn't sound as if you are the only one being investigated. It's normal to worry, but try to relax.
 
The most they can say is that you were fired on suspicion of theft.
Click to expand...

No they cant do that either, well they could but it would not me be wise. Heres why the prospective employer that checks the references and the former employer that supply information, are subject to potential liability if the exchange of information illegally harms the job applicant. This may arise under several common law principals, such as defamation, the right of privacy, and most important interference with prospective economic advantage.

California statute provides, that a statement that is NOT in response to a request, or that is accompanied by marks or symbols that convey information contrary to the statement is prima fascia evidence of a violation. Under California labor code § 1050 to 1053. Even states where it is not codified it would raise the question of negligent conduct, interference with prospective economic advantage, and potential liability.
 
bekahwegner did you just remove your post? I just received this in the E-Mail but it is not posted here?
Im not completely sure what my District and store manager plan to do but if they do fire me because of this, what if they involve the police? What happens then?
Click to expand...

I have the answer for you, if you repost. Anyone else posting on this thread have this happen?
 
Last edited:
Thanks for all the advice. I have a new question. I caught a girl I work with under charging someone. I watched the whole thing just to be sure. I was on the main cash and she was on one of the back up cashes. She opened her cash to serve one of her friends. She sold him 2 lighters (usually $2.26) for the price of one($1.13). He is also underage(16) and you must be 19 to buy lighters. I told a different girl that I work with and she knows about what has been going on in the store and she offered to tell the manager because I think it could possibly affect what is going on with me. (they may think that Im making something up to take the heat off me or something) Anyways will she get in trouble because of this and if Im asked about it will this negatively affect me?
(I know that it mostly will depend on the store manager and people but any thoughts)
 
Well did you write that question?
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top