What can they say about me?

[richman2897]

What is the name of your state? California

If I was terminated from a job for theft of funds, what is the company allowed to tell a perspective employer if they call to ask about me?

 

[angellogan]

Is it true? Were you criminally prosecuted for it? It may matter if you were aquitted.

They can say that you are not trustworthy, a thief, or pretty much anything even if they suspect, but can't prove you did it. However if you were charged and found not guilty, that record would override anything they say. The thing is, if you did it, expect the worst. If you didn't and no criminal charges were filed, I would personally try to clear my name even if the employer does not want you back. This is a serious matter, I know I would want to know if I was hiring a thief. Is it possible that you could shed some light on the circumstances? For example, if you are a cashier and your drawer did not match your receipts, it doesn't necessarily mean that you took the money, however that does not mean you are not responsible for your drawer totals. This is easier to explain to another employer but still is an unsightly blemish. Stealing stays with you for a long time. If you did do it, then you should not expect nice things to be said about you.

 

[richman2897]

No charges were filed, i was just let go, I was a supervisor and the claim was that over a period of time registers that I was associated with were short. They could not file charges because their claims were not true, I tried to clear my name but they had their minds set. I just need to know if they are allowed by california law to tell a perspective employer that I was fired for theft, whether I did it or not.

 

[angellogan]

Most employers these days will not say anything other than the fact that you worked there. If they can not prove you took the funds yourself, but said that you did (and you can find this out easily enough), they could be sued for liebel or slander, that is probably why they preferred to just let you go. Some supervisors, or HR personel may try to sabottage your attempts to find another job if they feel they have an axe to grind. This opens the employer up to a load of trouble (like a defamation suit). Hire a third party to call posing as a prospective employer to get an evaluation of what the former employer is saying about you. A professional third party (Not a friend or family) will be impartial and ask all the right questions. There are Companies in your state that do this.

 

[SuzieWahoozie]

Whether you did it or not is not relevant to any reference they can give. They BELIEVE you did it, so they are free to say so without fear of a slander suit (I don't mention libel because that refers to the published written word). If your ex-employer believes you stole something they are free to share that information with prospective employers even if they are wrong.

All you can do is be honest and tell your side of the story. You can certainly mention that no criminal charges were filed and no civil suit arose from their allegations. Prospective employers will have to decide whom they find more credible. If you have other past employers you can use as references and they believe you to be honest and trustworthy, hopefully they will say so and that will help your cause.

And although you certainly can get someone to call and "seek a reference" to determine what they are saying, what good will it do? Again, as long as they tell what they believe to be the truth, you have no case for slander.

My suggestion? Call your ex-employer and ask them if they'd be willing to stick only to dates of employment, position held, salary verification, etc., and not go into why you no longer work there or any other preformance or character-related issues when providing employment references.

You have no case, but I wish you luck. Try to work it out with them.