Wrongful termination, and false accusation

[DebbieHen]

What is the name of your state (only U.S. law)? West Virginia. Hello and greetings. My fiance' (Mark) worked for a company for a year in West Virginia. He went in to work about a month ago, and was met by the owner, who informed him that he was fired for stealing. The owner said they had video of Mark stealing $17.00 in quarters out of a vending machine. Of course Mark was blown away, because he was innocent. The owner also informed him that he was filing a complaint with the police for EMBEZZLEMENT for the $17, which he did. The detective looked at the video while interviewing Mark, and told him that although Mark had put his hand in his pocket, there was no way he could be putting such a large amount of quarters (68) in his pocket, and asked Mark if he could have been stealing 2 or 3 quarters. It was just pure silliness. There were many legitimate reasons Mark could have had for putting his hand in his pocket. Getting keys to the vending machine out, or putting them back in, getting his cell phone, or even just by habit, because he was talking to customers in the restaurant at the time. In any case, there was no way he was guilty of this. The owner not only has caused a lot of grief by getting a police investigation on him, but is also going around telling a lot of people that he has Mark on video, caught red handed, stealing that money. He even told Mark that when he was done, that Mark would be known around this area as a thief. Everyone who has seen the video says that it doesn't look like Mark was stealing anything in any way, and that they don't understand where the owner has come up with this. Unfortunately not many people have seen the video, so the people that are just being told about it are taking the owners word at face value, and it's ruining Marks reputation, and is going to make it very hard for Mark to get a decent job. It's caused us both so much distress. All I do is sit and cry, because I don't know what we're going to do. I'm disabled, and can't work, so I can't help out financially. Is there anything legally we can do to sue this man if nothing else, to clear his name? I just can't see how someone can destroy someone this way, and get away with it************** Thanks so much for your time, and advice in this matter.

 

[cbg]

I'll let someone else address your legal options, but just to clarify - this was not a wrongful termination under the law. If you read my signature line you'll see why.

I'm not saying you have no recourse - I'm saying that whatever options he may have, a suit or claim for wrongful termination is not one of them.

 

[davew128]

You have no legal case.

 

[DebbieHen]

Thank you so much for your prompt advice on this, to davew128 and cbg. Best luck, and best wishes!!

 

[tranquility]

While the firing is certainly allowed, it certainly seems as though some defamation is occurring. This is a per se defamation because it accuses Mark of a crime. While he could sue with no measurable damages, an attorney would not take such a case unless it could be proven that he actually has lost work because of the defamation. I'd certainly see an attorney to find out if anyone will take the case on contingency.

 

[quincy]

DebbieHen posted this in the defamation section of the forum, too. I agree with tranquility that, while Mark may have been defamed, there is probably not a legal action worth the high costs of pursuing - but a review by an attorney in Mark's area could determine this better.

I also suggested a cease and desist letter as a cheaper alternative, to at the very least attempt to stop any more lies from being told.

 

[commentator]

And did Mark file for unemployment insurance? And if he did, what was the result? They'd probably deny him in the initial decision, and then he'd have a hearing and the employer would show their proof and he'd tell his story, and they'd make a decision as to whether or not the employer had a valid work related reason to fire him. If they didn't, he'd at least be able to get unemployment insurance while he's looking for another job.

And this may very well have been the reason the employer chose to fire Mark this way. If Mark were fired without a good misconduct reason, and he gets to draw unemployment benefits, this will cause the employer's tax rate to go up, and they hate this because it bottom line costs them money. So they crank up some sort of reason that they want to fire someone.

But the unemployment system is one more way, apart from the police, who, from the sound of this, did not press any charges against Mark. Is that correct?

Okay, how do you know that your boyfriend's former employer is going around telling everyone about this situation? Who is everyone?Has he had any job interviews in which he wasn't hired, and he's sure it's because of this employer's libel? How do you know that he's not been able or will not be able to get another job because of this?

You must live in a really small place. But anyhow, one firing, whether justified or not does not ruin a person's life unless he's the only employer around for miles, and then you may have to relocate. And you're not helping much by sitting around crying all day. Even if you can't pitch in financially except for your disability, you could help with the job search, be encouraging to him. Don't let this person ruin your lives.

And by all means, if he has not done so, he needs to file a claim for unemployment benefits immediately, detailing exactly what happened, what the police said, everything that transpired. It will not result in any immediate financial help, it would take quite a while to get the issues settled, and he may or may not be approved, but it is always another venue to try this issue in, and will require that his former employer trot out the video and let other sets of eyes look at it and decide if Mark looks guilty or not. If he's innocent, he should welcome this opportunity to get his cause heard and possibly be able to get unemployment while he's looking for other jobs.