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  1. #1
    md2u Guest

    Unhappy Falsely Accused of stealing!

    What is the name of your state? North Carolina.


    Hi,
    I was falsely accused of stealing and fired 1 1/4 months after hire date. The amount they claim i stole was $93 dollars, there was stealing before and after i worked there.. There were all kinds of obsurd remarks spoken against me to why i did this, by management, which are proposturous. They have no evidents what so ever, of course. I am completely innocent! I have lost $1000.00 un-employment and it took me around three months to find work again(due to former mgmt remarks about me to any inquiring companies).
    I did appeal the ESC's decision once and now ive appealed it again and am waiting.
    While i was a new employee and did make minor mistakes, due to learning the company computer system. At the ESC's last decision, they held me liable and are denying my benefits(i feel now, that it is the ESC also that is against me, halarious). I did not steal or take off premises, anything, in any way shape or form, PERIOD! Having been fired, i lost my checking acct, my credit card is messed all up now, am three months behind on my rent and i found that Days Inn manager was telling any prospects of work, that did call, that he fired me and i was not rehireable.
    So the question is:
    Can i take the firing manager(s)(2) to court personally? Do i have a case here? Please Help?

    M


    p.s. sorry for the long explanation. Just granting the summary of events leading up to this.
    Last edited by md2u; 02-26-2003 at 10:47 AM.
  2. #2
    Beth3 is offline Senior Member
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    It is legal to fire an employee because he stole, or because management suspected him of stealing. It is also legal for your former employer to provide truthful information in a reference check. So if they are telling prospective employers you were fired and that you are not rehirable, which I expect is true, you have no basis to take anyone to court.
  3. #3
    md2u Guest

    Does Innocents count?

    ? Beth... This company has cost me $5000 dollars. These two mangers have turned my life upside down!!! That i am NOT GUILTY has no grounds?
    Last edited by md2u; 02-26-2003 at 11:00 AM.
  4. #4
    Beth3 is offline Senior Member
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    I'm sorry, no. An employer does not have to have proof of misconduct to terminate someone.
  5. #5
    md2u Guest

    Im asking......

    He's cost me around $5000 in ESC benefits, late pmt fees the list goes on. Can i pursue him on a personal level, excluding the company?

    I see that our government is set-up with the interests of the company in mind.
    Last edited by md2u; 02-26-2003 at 11:08 AM.
  6. #6
    I AM ALWAYS LIABLE is offline Senior Member
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    My response:

    Make up a large sign, put it on a stick, and start picketing on the sidewalk in front of their driveway entrance. Start making some waves. That will get their attention when their profits start dropping.

    IAAL
  7. #7
    Sinsaint26 Guest
    You have no legal recourse. Your were at will meaning you could leave the employment at your will or could be terminated at their will. It is just that simple. They could fire you for chewing gum if they wanted to. It would be unfair but not illegal. The only type of actionable claim for wrongful termination would be one based on age, gender, race, religion, etc. An employer can terminate you for suspected theft and he is completely within his rights. He can also tell prospective employers that you were terminated and not eligible for rehire. Although it may be completely unfair, legally there is nothing you can do.
  8. #8
    md2u Guest

    Am i being understood?

    OK, i have, and am still paying $5000+ for absolutely no reason of my own, USA is not what its made out to be.

    I am simply just asking if i can take him to court, Me and him(manager), im saying, forget the company?









    *I DO want to thank everyone for responding!*
    Last edited by md2u; 02-26-2003 at 11:34 AM.
  9. #9
    cbg
    cbg is offline Senior Member
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    No. You cannot.
  10. #10
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Am i being understood?

    [QUOTE]Originally posted by md2u
    [B]

    "USA is not what its made out to be."

    ==================================

    My response:

    I'm sorry. Did someone in a foreign country promise you a "rose garden"?

    Did someone tell you the "streets are paved with gold"?

    IAAL
  11. #11
    Beth3 is offline Senior Member
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    No, you have no basis to file suit against the manager personally. Or the company either.
  12. #12
    md2u Guest

    Wow!

    so.... i am wrongfully amazed by this unjustness? There is definitely something wrong with our system when you go to work to make and honest living, ontime to work everyday, dont partake of the crime activity, and am still shot down. This situation that i have posted really is as i have stated.

    Thank you for the responses. M
  13. #13
    cbg
    cbg is offline Senior Member
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    In order to have a legal case for suit you would need to be able to prove ALL of the following:

    1.)That what was said, was FACTUALLY untrue
    2.) That the person making the statement KNEW it to be untrue
    3.) That it was said maliciously
    4.) That it was said to a third party or audience
    5.)That you suffered damages as a result

    It is not factually untrue to say that you were fired and are ineligible for rehire. Although it does not present you in the best possible light, it is nonetheless a factually true statement.
  14. #14
    md2u Guest

    Smile CBG...?????

    i can only prove 1) and 5).

    My biggest problem with this whole situation is that the employment security commission took sides with my company, when the COMPANY HAS NO EVIDENTS PERIOD! A video tape that shows me DOING MY JOB, for heavens sake, and ESC has denied me $1000.00...?????... lol.. wooowwww
    I had never been thrue such a hateful situation before this one, So..... im amazed that a company can litterally rip someones soul out and carry on smiling**************..as they have....

    I was told by co-workers, that the asst mg'r had been makin n-ya-windows ever since the day i was hired, i didnt find this out till after i was terminated.

    Hows this theory...
    The one that does the accusing is usaully the guilty party?
    As they are trying to redirect suspicion away from there self.

    I have had a hopeless time with this terrible, nightmare. The worst element about this sequence of events is, they've called me a thief and a lier, very psycologically painful.
    Beam me up scotty!**************.
    Last edited by md2u; 02-27-2003 at 11:24 PM.
  15. #15
    Caddylady is offline Junior Member
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    Reasons to Fire!!

    In some states, employers don't have to have a reason to fire a person.

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