Previous employer "do not hire".....Defamation?

[will0286]

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

First let me explain my situation, I was working as a manager for a private owned (franchised) retail store. The owner would have me get the money together every now and then to go deposit when they couldn't make it in. I know that 2 other reps have been asked to do the same thing before so I was not the only one with the safe code. Out of the blue they called me and asked me about $10,000 being missing, and I knew nothing about it. I know your probably thinking why would they just randomly accuse me, I'm was just as confused. So let's just assume I'm not lying and keep the responses relevant please. They called the police and I had to sit in the back of the car in cuffs for hours. The police found no evidence of me stealing the money so they let me go. Now they are trying to sue me, which I don't see how its possible they would win without any proof.

But to the point, I had an interview for the same franchise different owner. My current employer called the old employer in front of me and my old employer told him about the situation with the $10,000 missing and said not to hire me. If I did it I would accept what was said, but if they are really even missing the money they have no proof I did it and as far as I understand, unless it's proven whether it's true or not, it can not be used against me. I applied for a few other jobs that I have no idea if the reason I did not get hired was because of what my old employer said. It's not right, I have court tomorrow because they are trying to sue me, when I win that case am I able to counter sue for defamation. It's not about the money, it's not ok how they are trying to prevent me from being able to support myself and my family based on a lie.


Thank you in advance for any advice, I don't really know much about this subject so can use as much help as possible

 

[Proserpina]

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

First let me explain my situation, I was working as a manager for a private owned (franchised) retail store. The owner would have me get the money together every now and then to go deposit when they couldn't make it in. I know that 2 other reps have been asked to do the same thing before so I was not the only one with the safe code. Out of the blue they called me and asked me about $10,000 being missing, and I knew nothing about it. I know your probably thinking why would they just randomly accuse me, I'm was just as confused. So let's just assume I'm not lying and keep the responses relevant please. They called the police and I had to sit in the back of the car in cuffs for hours. The police found no evidence of me stealing the money so they let me go. Now they are trying to sue me, which I don't see how its possible they would win without any proof.

But to the point, I had an interview for the same franchise different owner. My current employer called the old employer in front of me and my old employer told him about the situation with the $10,000 missing and said not to hire me. If I did it I would accept what was said, but if they are really even missing the money they have no proof I did it and as far as I understand, unless it's proven whether it's true or not, it can not be used against me. I applied for a few other jobs that I have no idea if the reason I did not get hired was because of what my old employer said. It's not right, I have court tomorrow because they are trying to sue me, when I win that case am I able to counter sue for defamation. It's not about the money, it's not ok how they are trying to prevent me from being able to support myself and my family based on a lie.

What exactly did your ex employer say? There is a difference between "He stole $10000" and "He was let go because there was a discrepancy in a deposit he made. He is not on our rehire list".

They have not necessarily defamed you.

 

[will0286]

What exactly did your ex employer say? There is a difference between "He stole $10000" and "He was let go because there was a discrepancy in a deposit he made. He is not on our rehire list".

They have not necessarily defamed you.

When my boss got off the phone with him, he said "he's saying you stole 10 grand from him, and told me not to hire you". The franchise sends corporate reps out to check up on us and see how we are doing once a week. If I didn't have their support my current boss probably wouldn't have hired me.

 

[quincy]

When my boss got off the phone with him, he said "he's saying you stole 10 grand from him, and told me not to hire you". The franchise sends corporate reps out to check up on us and see how we are doing once a week. If I didn't have their support my current boss probably wouldn't have hired me.

I would wait for any suit filed against you to be resolved before considering any legal action yourself. But I hope you have spoken with an attorney in your area about the accusations.

That said, the corporate representatives and your current boss do not seem to believe you stole $10,000 - or, at least, if you are still employed and have their support, there does not seem to be demonstrable harm enough to warrant spending the time or money pursuing a defamation claim against your former boss.

Again, I would wait to see if a suit is filed first and what becomes of that.