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Wrongfully Accused

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attached316

Junior Member
What is the name of your state?What is the name of your state? Indiana

Since November 2000, I have worked a second job at the Mall, part-time, evenings and weekends.

This pass year, I worked during the summer of 2004 up until the end of September and returned the beginning of February 2005. Just recently I was accused and terminated for downloading information off the internet. I requested a copy of the temporary internet sheets listing the websites that had my name on it. They were faxed to me and as I was looking over the four page list, I looked under the colum that said Last Date Modified and the dates that were listed were December 2004 to January 2005, during the time I was not working at the store, but my name is on every website.

I've tried to contact the Owner who told the Manager at the store to fire me, but he will not return my calls. The Managers at the store are acting like they are scared and think I need to let it go. I told them all I want to do is clear my name, this is not about getting my job back. This is about finding the person who did this (which has to be a manager, because they are the only onces who have access to the internet) and besides that the dates for me working at the store does not add up.

I can't get any cooperation on this issue from the Owner or nobody at the corporated office.

Any advise would be helpful.
 


Some Random Guy

Senior Member
were you terminated "for cause" or did they just let you go? Termination for cause will affect your unemployment and future job prospects, causeing you "damages". Since the dates don't come close to matching up, a lawyer should be happy to meet with you.

If they just 'let you go', its hard to prove that you have been damaged. Unless you are a member of a protected class and can prove discriminationn, they can let you go for no reason .

Indiana is an 'at will' state. Under Indiana Law, there is a strong presumption that an employee is at-will and that the employment may be terminated at any time. BEE WINDOW, INC. v. THURMAN, 716 N.E.2d 498, 500 (Ind. Ct. App. 1999).
 

Beth3

Senior Member
Terminating you for suspected misconduct, even if the employer is completely mistaken, is not unlawful. Since the owner won't return your phone calls, all I can suggest is that you send him a letter explaining that you could not have been the responsible party and why. That won't necessarily result in your getting your job back but perhaps will prompt the owner to look into the situation further.

In the meantime, apply for unemployment benefits and focus your efforts on finding a new job. Good luck.
 

attached316

Junior Member
I do have a full-time, day job. I've been working at this store part-time just for extra cash from time to time, for going on 5 years.

I received a call on my cell phone late Wednesday morning, while at my primary job and the Manager that terminated me exact words were, "They said to fire you." So, I'm not sure what that is, just cause or let got.

I don't think I quality for Unemployment, because I have a full-time job.

I just want to clear my name and if I do have a case it would probably be for loss wages.

Your feedback is very helpful. Thanks
 

cbg

I'm a Northern Girl
"Clear your name" in what way?

I understand that you don't want the record to say you were fired for unauthorized downloads. What I'm getting at is, what is your ultimate goal?

Unemployment?
Future references?
Something else?

I'm asking because it makes a difference what I advise you to do.

Since the termination was not illegal, you have no claim for lost wages.
 
Last edited:

Beth3

Senior Member
You don't have a case for lost wages or anything else. As I and Some Random Guy have tried to explained, you were an "at will" employee and therefore could be terminated for any reason except a specifically prohibited one. Terminating you because they erroneously suspect you of misconduct is not a prohibited reason.

My suggestion that you write the owner is the only thing you can do to attempt to clear your name.
 

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