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  1. #1
    missmyla Guest

    Question I was fired, can my employer tell others why?

    What is the name of your state? Oregon

    Over a month ago, I was fired for theft. I was arrested, but let go due to lack of evidence. The case was dismissed the next morning. Later that weekend, I found out from my co-workers (or ex-co-workers) that they had announced at the morning meeting that I had been fired and arrested. It has always been to my understanding that that information is not to be disclosed. Is this true? Do I have any legal recourse?
  2. #2
    robertg55 Guest
    Questions from Texas.

    Were you guilty.
    are you union.
    are you over age 40.
    have they offered job back yet.
    what is the lack of evidence.

    advise if over 40 contact eeoc and file an age discrimation report.
    If evidence is clear cut in your favor and you did not do this talk to your human resource people and ask to be reinstated.
    If you are union file grievance.
    And if you do not know what to do contact a labor law attorney.
    Also file for unemployment and give them your story.
    I would like to know more details of this read my posts and you will see we have something in common.

    Robert
  3. #3
    justathought Guest
    MissM--
    Please hang on until tomorrow or so--the regular HR posters have taken the weekend off. What I can say off the top of my head is that your arrest is public record, so there is really no invasion of privacy (but that is from a non-HR perspective)... all they have to do is read the paper. As to the announcing, wait for cbg or beth as they have reference lists for each state.

    But, do answer if you are union or otherwise have some kind of employment contract?

    Robert--
    It doesn't matter if the poster is guilty or not. Oregon (and Texas for that matter) is an "at-will" employment state meaning that barring a CBA or legitimate employment contract, one can be fired for any reason or no reason at all (except an illegal reason--race, religion, age, etc.) and theft or suspect of theft is sufficient grounds for termination. And even if the poster is over 40, it's going to take some serious proof that it was because of age and not *theft* (!) that was the reason for termination. Unless there was a contract (individual or union), the company has no obligation to offer reinstatement because of lack of evidence or any other reason for that matter.
  4. #4
    robertg55 Guest
    Justathought,

    I know all of this, but let's say she was let go because someone accused her of theft and the charges were dropped the next day.
    I would at least call and set up an appointment to talk to my H.R. and ask for my job back. Or lets suppose her employer told employee's a week ago they were cutting back and she just happens to be over 40. And yes we are both at will employment that is why I asked her if she was in union. And yes age discrimination is a hard one to prove but the company I used to work for elimated 6,000 jobs and announced it 4 weeks before I was arrested for theft and my charges were dropped also because of lack of evidence and because I passed polygraph and hired a private investigator and found dirt on my lying accuser. That is the reason I asked her the questions, so we all could get a better idea of what happened to her. I have faith that if she did not preform the theft and if she can prove it that maybe her company will have compassion, not like my ex employer.
  5. #5
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
    Posts
    14,991
    Missmyla, I'm sorry this happened but your employer did nothing illegal. Ill-advised perhaps but there is no law that prevents your employer from telling the truth to your co-workers or others. You were discharged and you were arrested. Additionally, an employer may discharge an employee based on suspicion of theft.

    I don't remotely see any basis to file a complaint with the EEOC.

    From the facts that you have shared, I don't see anything that even touches on any legally prohibited behavior on the part of your employer.
  6. #6
    justathought Guest
    Maybe I'm just presumptive, but usually when someone asks if there's "legal recourse" they're not looking for their job back--they're looking to sue and collect because they've been wronged. But then, I don't know that because the poster hasn't replied yet...

    I'm not sure I'd want to get my job back if I've been accused of theft. I can't imagine the atmosphere would be pleasant regardless of guilt or innocence.

    But that's just my $.02

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