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Termination for theft

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almostsm

Member
What is the name of your state? Wisconsin

This guy worked at same retail store for approximately 4 years. Recently became assistant manager, had to relocate to another location. 3 managers total at this new location, including this guy. One manager got fired for reasons unknown, leaving 2 managers.

End of night deposits came up missing on 2 separate occasions. This guy opened the store and deposits were no where to be found. He was questioned about anything and everything, said he took 2 promo batteries (with permission) and gave out discounts to nongrandparents on grandparents day (with permission.) Said he did NOT take this money, and was asked, "So you're saying the other person took it?" He said he did not say that, just that he did not take the money.

I'm thinking since the store couldn't prove who took the money and still feel this guy took the money, they fired this guy for stupid reasons, saying they did not give him permission to take the batteries or give the nongrandparent discounts. Their word against his.

So he was fired, and they took $50 out of his last check to pay for the batteries and "unauthorized" discounts. They still have not paid him vacation time with he is owed (24 hours @ $10/hr.)

He applied for unemployment and was denied.

Approximately 2 months after the fact, he got a summons in the mail instructing him to pay a $240 fine for "theft," or appear in court. He's got 20 days to respond and he got served last week (I only found out about this yesterday.)

There is no police report indicating theft. The store already took the $50 out of his check to pay for the "merchandise." So if he paid for the stuff, why does he have to pay a fine for stealing?

Should he have to pay the fine? Does the cost of fighting this outweigh just paying the $240? I believe it's the store's personal theft attorney (or something, that's how it was told to me.)
 


pattytx

Senior Member
Even if they were wrong about the "theft", it was a legal termination.

Here is the law regarding deductions from pay:
http://www.dwd.state.wi.us/dwd/publications/erd/pdf/ls_45_p.pdf

Payment of accrued vacation is not unconditionally payable at termination. However, if the company has a policy of paying it, they need to comply with their policy. The policy CAN, to my knowledge, contain conditions under which it will not be payable.

If your friend has received a summons to appear, I suggest he contact an attorney.
 

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