Confidentiality?

[steven916]

What is the name of your state (only U.S. law)? California

Hello, I was recently terminated from my job. Some cash deposits were stolen from my truck while running errands and as soon as I realized what occurred, I self-reported myself at 6:30am the next morning to our Corporate Compliance Officer per company policy. I did not file a police report because I was waiting for direction from our compliance officer. The compliance officer did not respond to me until the next morning.

I was sent home on paid administrative leave while they "investigated" the situation. When they did talk to me, they said everything but actually accuse me of stealing. I was terminated 3 days later.

They sent me a letter requiring restitution or they would file criminal charges. Is this even legal?

Additionally, I have had several co-workers call and text me knowing the details of why I was terminated and they also knew the content of the letter demanding restitution. Do I have any rights to confidentiality here?

I don't care that I'm terminated. I made a mistake and I paid for it by losing my job. My concerns are that their demand for restitution feels like a threat and the fact that everyone seems to know the intimate details of my termination.

Thanks,

Steven

 

[swalsh411]

So just to be clear you did steal the money right?

It is not illegal for your employer to tell anybody that you were fired for stealing. It's not illegal for them to make an example of you. "Look what will happen to you if you steal".

It's not illegal for them demand restitution. I suggest you pay back what you stole.

 

[Banned_Princess]

And if you didn't steal anything tell them to file a criminal complaint. the DA will not be able to prove you guilty, and you can probably plea down or get the charges dismissed, and at that point they cannot sue you or demand any restitution from you.


And no, you have no privacy as to why they fired you, or what they believe you did.

 

[steven916]

swalsh411 - really? Please re-read my post - the money was stolen out of my truck. I DID NOT STEAL IT.

Banned_Princess - why would I plea down when I didn't steal the money? It was stolen from me.

 

[mlane58]

So just to be clear you did steal the money right?

It is not illegal for your employer to tell anybody that you were fired for stealing. It's not illegal for them to make an example of you. "Look what will happen to you if you steal".

It's not illegal for them demand restitution. I suggest you pay back what you stole.

Aren't you assuming a lot that the OP stole the money! The OP never stated nor did the OP even elude to stealing the money.

 

[Antigone*]

swalsh411 - really? Please re-read my post - the money was stolen out of my truck. I DID NOT STEAL IT.

Banned_Princess - why would I plea down when I didn't steal the money? It was stolen from me.

Swalsh is correct. It is not illegal for management to tell the employees why you are being terminated. In fact it is a great coaching tool to make an example of an employee who has violated a policy. This way the employees know that deviations in policy not be tolerated.

Yes they can also demand restitution.

The fact that you did not file a police report is very suspect as well.

 

[swalsh411]

I made a mistake and I paid for it by losing my job.

I interpreted this to mean you did in fact steal the money. What was your mistake then? (saying that "somebody stole" something out of your truck does not preclude the possibility that the somebody was you. When I was a kid I would sometimes tell my mom that "somebody" got mud all over my new pants)

Even if you didn't steal the money but broke some sort of policy which allowed somebody else to steal money, they can still make an example of you.

 

[Banned_Princess]

swalsh411 - really? Please re-read my post - the money was stolen out of my truck. I DID NOT STEAL IT.

Banned_Princess - why would I plea down when I didn't steal the money? It was stolen from me.

sometimes you have to bite the bullet.

a criminal complaint from the company is the best way to go. at that point you can get a lawyer, and not have stealing from an employer on your record, which is the goal here. If you go without a lawyer, you can see what the DA is offering, be it a dismissal or a violation of sorts. something like not reporting in a timely manner. then you will have saved yourself lawyer fees, and saved yourself "restitution" money.

DO NOT settle with the company, since it can be seen as an admission of guilt. and that can be mentioned to anyone who asks. (think future employers) once the case was dismissed, or plea down to a violation you have not been convicted of stealing anything.

 

[mlane58]

I interpreted this to mean you did in fact steal the money.

How did you interpreted that?

What was your mistake then? (saying that "somebody stole" something out of your truck does not preclude the possibility that the somebody was you.

How about the OP left the money unattended in the vehicle.

When I was a kid I would sometimes tell my mom that "somebody" got mud all over my new pants)

Ok and that means what, that you lied? doesn't mean the OP is stating that they stole the money?

 

[swalsh411]

How did you interpreted that?

I don't answer to anybody on this forum, least of all you. That is how I interpreted the OP's statement.

 

[davidmcbeth3]

Its called blackmail ... and that's illegal...and that does not matter if you stole the money or not.


As far telling people your were fired for losing money, that's OK. For stealing the money? That's not OK...if you did not steal the money.

 

[mlane58]

I don't answer to anybody on this forum, least of all you. That is how I interpreted the OP's statement.

What a tough guy/gal! whew I'm scared. Can't answer a simple question? Too bad you have to assume everyone is guilty before you have any facts.

 

[steven916]

Okay...

Just to recap here: I DID NOT STEAL THE MONEY

Now that that is out of the way, to address a few other items:
I did not file a police report because as soon as I realized the money was gone, I followed COMPANY PROTOCOL by contacting the Corporate Compliance Officer. I knew there would be an investigation so I knew I had to comply with company policy and company directives. I was never directed to file a police report. In fact, on the day I was terminated the compliance officer stated they would file one.

All the comments on confidential HR matters: you realize I live in California, right? California is VERY different than the rest of the country when it comes to HR matters.

Banned_Princess - even though I didn't take the money, I still feel responsible because it was my mistake. Do you think I shouldn't set up some sort of repayment plan? From a legal standpoint, is setting up a payment plan an admission of guilt? Should I just ignore their demands until I get some sort of law enforcement involvement, if it came to that?

I appreciate everyone's comments, the good, the bad, and the opinionated.

 

[Zigner]

All the comments on confidential HR matters: you realize I live in California, right? California is VERY different than the rest of the country when it comes to HR matters.

Irrelevant - the answers (on that matter) do not change.

 

[swalsh411]

I wouldn't offer to repay. Let them try to sue you. It's a civil matter. The police will not be showing up at your door. Their threat to file criminal charges is nonsense unless they have evidence that you were in on the theft. Simple carelessness on your part doesn't mean a crime was comitted. I doubt they would have be successfull suing you either unless you did something completely negligent like leave the truck unlocked with a "CASH HERE PLEASE STEAL IT" sign while you looked the other way.