Do I have any rights?

[gwomer]

What is the name of your state? Indiana

I was sent home from work on a thursday afternoon because I would not sign a non compete agreement for a person who was going to buy the company I was currently working for. Since I was not his employee I did not feel that I needed to sign this agreement at that time. My current employer was on vacation and due back on Friday so I had no recourse. I did leave because the situation was getting very tense. I had been searching for another job and had a prospective employer in the "works". However, I returned to work the next day, not sure of what was going to happen, and I gathered a few personal items such as my coffee maker, vacuum cleaner. It is a small business and I had a key. Work starts at 7:00 am for the rest of the employees and my work day started at 8:00a. It was not uncommon for me to go to work early. I gathered my items and then waited out in the shop with the other employees because I was not sure of what was going to happen. Well, the new potential owner came in at 7:20am and told me to leave. I told him I was waiting for the owner so he made me go outside. Around 8:00am my "replacement" showed up. I had not quit nor was I fired. I knew the outcome was evident. I did speak to my current boss and told him that given I had already been replaced, I guess I needed to go. The company I had worked for is financially distressed and my current employer usually sided with the new potential buyer. I knew that if the new employer didn't want me there than my current employer would agree. I was a model employee. Never missed a day, relied upon heavily to keep things going. I was the only one who worked in the office and I handled extremely confidential matters.

Now all of a sudden, I am being accused of deleting files in the computer. I was the only one who had access to everything. The problem for them is that since I had full access, they don't know how to use the program. So therefore they think I deleted files. I called yesterday (1 week since my last day) to make arrangements to pick up my last check. They told me that until the computer was fixed, no one is getting paid. I still have friends there and yes they did get paid. I did offer to come in and show them how to use the computer but was told my services were not wanted. To make matters worse, these guys are telling people that I destroyed their computer. They had a meeting with a company that I really want to work for in the future and had told them that I deleted files. I have heard it from other sources that don't even work for the company. Do I have any rights under slander and defamation of character?

One more thing, since they will not give me my paycheck, I possibly will have a couple of checks bounce. What is the possibility for recovering bank fees? The DOL is sending me a claim form but they did not mention recovering any fees caused by me not having this check.

 

[JETX]

As Hardy would say to Laurel.... "You certainly got yourself into fine kettle of fish, didn't you?"

"They had a meeting with a company that I really want to work for in the future and had told them that I deleted files. I have heard it from other sources that don't even work for the company. Do I have any rights under slander and defamation of character?"
*** Based solely on your post, no. You haven't shown that you have actually been damaged. Also, the company can say those things if they believe them to be true (even if it later shows that they were incorrect).

"One more thing, since they will not give me my paycheck"
*** Contact your state labor board. They cannot withhold your 'earned' paycheck as retaliation.

"I possibly will have a couple of checks bounce. What is the possibility for recovering bank fees?"
*** They are not liable for the fees that you incurred due to YOUR writing the checks when you didn't have the funds. You should not be writing checks on the 'promise' of a future deposit.

"The DOL is sending me a claim form but they did not mention recovering any fees caused by me not having this check."
*** See above.

 

[gwomer]

Thanks for the quick response. In reference to the bounced checks, yes, I know better. I haven't written the checks but I am wondering how I am going to eat this next week without my last paycheck. I thought if push comes to shove I would have to write a check to buy groceries. You mentioned that I should not be writing checks based upon a "future deposit", well, I had earned income. They are forcing me to have to find ways to survive until I can get my next paycheck.

You didn't mention anything on defamation of character. What right do they have talking about me to other people that are outside of the company? I just work so hard to be a good employee and to make a good name for myself. What if a future employer calls there and asked about my work history. How much can they tell them?

Can you tell me anything about how much I can recover for them holding my last paycheck?

I'm just upset on being treated this way and now worried how I am going to make it.


Thanks again...

 

[Beth3]

Writing bad checks is only going to make your situation worse. In addition to being out of a job, you could be charged criminally and prosecuted for writing worthless checks, so I suggest you think twice about this.

Your ex-employer is free to give their honest opinion about you to anyone they wish to, just as you are free to tell anyone you wish what your honest opinion is about your ex-employer. It's a two-way street.

IF your ex-employer did meet with this prospective future employer and told them about your situation (by the way, how do you even know that?), then you might have a cause of action against the ex-employer IF you can demonstrate they were negligent in what they said and IF you can show you had damages as a result. This would be a civil matter and the burden of proof would be on you.

 

[gwomer]

The reason why I know that my ex-employer talked to my hopeful future employer is because the future employer called me and told me. They know I am very interested in working for them but they are just starting out and do not have the resources to hire me at this time.

I know the company I was working for would soon be out of business. Payroll checks were bouncing as well as utilities being shut off. I started looking for another job and had been talking for sometime to these people who used to rent space in our building. That's how I know I know them so well.

Thanks for you help...

 

[Beth3]

"they are just starting out and do not have the resources to hire me at this time." Obviously, whatever your former employer said to them has nothing to do with the reason the new company isn't making you an offer. You don't remotely have a claim for defamation.