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Wrongfully Accussed of stealing...Please, advices and help...

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T

Tony Nguyen

Guest
What is the name of your state?My wife doesn’t understand laws or her rights because she only been in U.S.A just over 2 years. One day in the workplace an employee reported that my wife were observed putting employer property into the trunk of her car. Employer investigated and took action. As a result of the investigation, employer found that she in fact did not have any items in her trunk that were the property of employer. Employer didn't explain her rights before searching her car accepts to told her that if they found employer property in her car and she would be terminated. Does her rights violated during the investigated because she doesn’t know he rights and let employer searched her car. Does employer found liable for infliction of emotional distress where my wife accused of stealing? Does employer not only needs to have a reasonable suspicion before giving a car search but also needs to present a signed statement? Now my wife feel like she is being forced to quit because she not able to go back to work for a company that wrongfully accused her. Please, I need your advices and help.
 


racer72

Senior Member
Nothing in your post suggests the company did any wrong. Your wife needs to become more aware and begin living an American lifestyle. There is an old American saying, "no harm, no foul". If she is going to be thin skinned, I would suggest she considers going back home. I don't mean to be rude but thats just the way things are in this country.
 

BelizeBreeze

Senior Member
One day in the workplace an employee reported that my wife were observed putting employer property into the trunk of her car.
Nothing wrong in doing so.

As a result of the investigation, employer found that she in fact did not have any items in her trunk that were the property of employer.
O.K. so nothing occurred and the Employer was diligent in investigating.

Employer didn't explain her rights before searching her car accepts to told her that if they found employer property in her car and she would be terminated.
The employer was not a law enforcement authority and was not required to enumeriate her 'rights'. In fact, in this case she had none. The statement regarding the case of her being fired contingent on IF they found employer property in her car is also not actionable. It's a statement of fact.

Does her rights violated during the investigated because she doesn’t know he rights and let employer searched her car.
See above. She had NO rights.

employer found liable for infliction of emotional distress where my wife accused of stealing?
No, because the employer did not accuse her of stealing. And neither did the employee who informed. The employee simply stated they saw your wife put things in her trunk that belonged to the employer.

Does employer not only needs to have a reasonable suspicion before giving a car search but also needs to present a signed statement?
No and no.

Now my wife feel like she is being forced to quit because she not able to go back to work for a company that wrongfully accused her.
And that's a personal decision, NOT a legally actionable one.

I suggest you sit down and explain the following case to your wife AFTER you read and understand it.Terrell v. Rowsey, 647 N.E.2d 662 (Ind. Ct. App. 1995),

For example, in Terrell v. Rowsey, 647 N.E.2d 662 (Ind. Ct. App. 1995), the court affirmed the lower court ruling that the former employee did not have a claim for invasion of privacy, although the employer's supervisor opened the employee's car and reached into the back seat to search for beer cans while the car was on company property. The court determined that the employer was within its rights to search the employee's vehicle because it was parked on employee property, the company had a policy against drinking, and the employer had the duty to provide its employees with a safe workplace.
 

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