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Accused of theft.

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MyNameIsSavage

Junior Member
What is the name of your state (only U.S. law)?
Indiana

I was accused of theft by a client I work with and my employer is investigating the claim. There is no evidence that I have stolen anything but I am suspended from work until the investigation is finished. It has been a week since I have last heard from my employer and I have called several times with questions and no one has returned my call. What should I do?
 


eerelations

Senior Member
If it's an unpaid suspension, file for UI benefits. If it's a paid suspension, then just hang in there 'til your employer does something.
 

Beth3

Senior Member
Agree with eerelations. Other than filing for UC if your suspension is unpaid, all you can do is wait for the outcome of the investigation.

BTW and before you ask, if they do terminate your employment, it will not be a wrongful termintion even though you did not steal anything.
 

antrc170

Member
Agree with eerelations. Other than filing for UC if your suspension is unpaid, all you can do is wait for the outcome of the investigation.

BTW and before you ask, if they do terminate your employment, it will not be a wrongful termintion even though you did not steal anything.
Nor can you sue the client for making the claim, even if it is determined that there is no evidence.
 

commentator

Senior Member
Once a week has gone by while you are on unpaid suspension due to their "investigation", file for unemployment compensation. This will force them to either proceed with termination (and for unemployment purposes, to show proof of valid misconduct) or call you back and begin paying you again. You are entitled to file and may be eligible for any unpaid week. Do not allow them to leave you dangling in limbo unpaid. But if it is a paid suspension, wait them out, you have nothing to lose.
 

MyNameIsSavage

Junior Member
I received a text message today from my coordinator stating that they have finished the investigation and needed me to come in to discuss the finding. I then told her that, since I live an hour away from the offices, I cannot come in if I am being fired because I cannot afford it. She then responded telling me that we can do a phone call at the time to "save me some gas money."
I'm not sure what this means.
 

davidmcbeth3

Senior Member
Nor can you sue the client for making the claim, even if it is determined that there is no evidence.
I would disagree .. it this not the purpose for slander/libel causes of action?

Indiana Wiretapping Law

Indiana's wiretapping law is a "one-party consent" law. Indiana makes it a crime to record a telephone conversation unless one party to the conversation consents. See Ind. Code § 35-33.5-1-5 and Ind. Code § 35-33.5-5-5. Therefore, you may record a telephone conversation if you are a party to the conversation or you get permission from one party to the conversation. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. In-person conversations do not appear to be covered by the law, but it cannot hurt to get consent before recording just in case.

If both parties are in Indiana, then I would recommend the OP to record to call/meeting if possible. It would be evidence in several possible settings.
 

davidmcbeth3

Senior Member
I received a text message today from my coordinator stating that they have finished the investigation and needed me to come in to discuss the finding. I then told her that, since I live an hour away from the offices, I cannot come in if I am being fired because I cannot afford it. She then responded telling me that we can do a phone call at the time to "save me some gas money."
I'm not sure what this means.
Record the meeting, even if they ask for the call not to be recorded ... I would guess that the employer will say that they cannot come to a decision and your employment would cause the client distress and, hence, you are being let go.
 

MyNameIsSavage

Junior Member
I work with multiple clients though and one of my other clients have actually called in complaining that I am not working with them.
 

cbg

I'm a Northern Girl
I'm not sure what this means.

We don't know what it means either. You'll find out when you have the meeting, whether it's by phone or in person.
 

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