Fired for theft i didn't commit, now what??

[roserare60]

What is the name of your state TX. finance manager called me and said his customer put 2 much down and he needed it back I told him I hadn't done the deposit yet or actual receipting in of the cash so he could come up and get the money. He told me he was going to return ALL the $2500 to the client and then write a new receipt for $500 so I'd get that. 3 weeks later I am being investigated because the customer's deposit of $2500 wasn't made, they found the original receipt for $2500 and the Finance manager denies getting the money. The P.I. claims he checked all phone records for that day, says the manager didn't come in until 11. Now when I was fired they told me it wasn't for theft, it was for "breaking the trust between me and the company". I've been a model employee for 2 years, never in trouble w/law, employee of the year as of 2 months ago, 4 times employee of the month. I guess the questions are: what can they tell a perspective employer verifying employment thru them, will I get unemployment if I was fired for something I didn't do! Do I have wrongful term suit? Where would that get me?

 

[swalsh411]

It is entirely legal for them to fire you based on suspicion of theft. They are not a Court and do not need to prove their case or give you an opportunity to defend yourself.

You should file for unemployment while you look for a new job. Your former employer will have to show actual evidence of theft to get you denied for misconduct.

It is legal for them to tell a perspective employer you will fired on suspicion of theft.

 

[quincy]

It is entirely legal for them to fire you based on suspicion of theft. They are not a Court and do not need to prove their case or give you an opportunity to defend yourself.

You should file for unemployment while you look for a new job. Your former employer will have to show actual evidence of theft to get you denied for misconduct.

It is legal for them to tell a perspective employer you will fired on suspicion of theft.

While I agree that it is legal for an employer to fire an employee over a suspicion of theft, it would be a BIG and potentially costly mistake for the employer to tell a prospective employer that the employee was fired over this suspicion.

Without solid evidence (ie, arrest, charges, conviction) as support, repeating unsubstantiated suspicions about theft by the employee to others can get the employer sued for defamation.

 

[sandyclaus]

What is the name of your state TX. finance manager called me and said his customer put 2 much down and he needed it back I told him I hadn't done the deposit yet or actual receipting in of the cash so he could come up and get the money. He told me he was going to return ALL the $2500 to the client and then write a new receipt for $500 so I'd get that. 3 weeks later I am being investigated because the customer's deposit of $2500 wasn't made, they found the original receipt for $2500 and the Finance manager denies getting the money. The P.I. claims he checked all phone records for that day, says the manager didn't come in until 11. Now when I was fired they told me it wasn't for theft, it was for "breaking the trust between me and the company". I've been a model employee for 2 years, never in trouble w/law, employee of the year as of 2 months ago, 4 times employee of the month. I guess the questions are: what can they tell a perspective employer verifying employment thru them, will I get unemployment if I was fired for something I didn't do! Do I have wrongful term suit? Where would that get me?

You were fired because they suspect you of pocketing this cash - which would be breaking the trust between you and the company.

Given the version of events as told by this PI, no one can corroborate your story. The finance manager wasn't even onsite when you claim you handed off the cash to them. It's your word against theirs.

You say PI, but for $2500 in missing money, were the police ever called? That's grand theft right there. It seems a bit suspicious if the company didn't even file a police report on the incident.

Can they fire you over this? Sure they can. They could fire you over anything if they choose, as most states are at-will employers. This, however, would be for cause - for the theft. They don't need proof of whether or not you did it to terminate your employment over it. And because you weren't being fired for an illegal reason, you have no grounds for a wrongful termination lawsuit.

Can it affect your unemployment benefits? Most definitely. If you're fired for misconduct, you can be denied benefits. Theft of property or money from your employer certainly qualifies as misconduct. When you file, you can take that up with the unemployment folks and let them decide.

 

[cbg]

You do not have a wrongful term claim. Read my signature to find out why.

 

[roserare60]

New updates

Interesting that last night they had on my personnel records (I accessed from home) "theft". This morning after talking with HR mgr she said "you are right. There wasn't proof." She changed it in their system and sent me a screen shot of the change. Also, she included termination because of "violation of policy". I was thrown deposits, shown how to do them on computer. Never signed any policies or looked at any. But I filed unemploy and will let them fight that if necessary. Thank you all for the valuable advice above. There is so much more to the story about this controller over me that I believe I have been set up. I've never experienced such horror. I am looking for a job. My professor this eve is an employment lawyer. I'm hoping he can point me to pro bono as there are other issues to be taken care of. At least I cannot be labeled a thief. This was very upsetting.

And no, police were never involved. Of course they weren't! I didn't do this!!!

 

[Zigner]

Nothing illegal has occurred relating to your termination. Apply for unemployment and tidy up your resume.

Good luck.

 

[swalsh411]

You don't need a lawyer at this point. Look for a new job and be sure to certify for benefits each week.