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False Arrest

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robertg55

Guest
Arrested at work by employer, a person I knew filed an afidavit that I sold him a piece of equipment that was stolen from my employer, this individual was under investigation for insurance fraud for this item and others. The Police advised my employer of 23 years not to arrest, Employer demanded to arrest me to make an example to other employee's to not steal, have Lawyer hired for this and he thinks will be no billed at grand jury, have also filed grievance with union, I have not been fired but suspended without pay, my question do I have lawsuit against employer and police department for false arrest. hired private investigator and they have found that accuser has very shaky past. I am innocent of charges and feel employer is waiting on grand jury to see if they should reinstate me or fire,I have been waiting now for 3 weeks. also employer did not ask for my side of story untill 3 day's after arrested now they are doing their own investigation and I am before internal review board but have not been contacted since 3day's after arrest where I gave them my statement that the allegations were false and gave them some information that would clear me of false afidavit. Layer that I hired said lets get the criminal part cleared before we talk about civil, Police Department told Private Investigator that they tried to talk employer out of having me arrested. And that I would not be convicted on the word of one person who has a shaky past and may have been fired from previous jobs for theft himself, I had 23 years and was 3 years from being able to retire. Any information would be appreciated
 


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borderaid

Guest
I believe that it is good judgement to clear yourself of all criminal charges. Period. The civil and the criminal are not related and the civil will not get you out of the criminal.

The only exception is if the civil is likely to have a huge monetary amount that the employer might drop the charges... but he might drop the charges only if you promise not to sue him.

Once you out of the criminal charges... you will be reinstated on the job and then you can file civil charges.

Unfortunately, you have to wait while you are suspended... bad place at the wrong time... rule applies.... Hang in there.

Remember, the Grand Jury may not accept this nor indict you.
 
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robertg55

Guest
additional information

Well now my employer has decided to terminate me, so I met almost 4 weeks to the day and they gave me my walking papers.They were asked many questions at termination meeting and they had no answers. So now I wait for criminal to go before Grand Jury in the near future. and then I quess they will look foolish when it is thrown out and then I can start on civil action... any additional replies or advise....
 
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robertg55

Guest
Update,

Was indicted, took polygraph by retired FBI, private investigator turned reports to lawyer, Lawyer met with D.A. with polygraph results and with witnesses and then my accuser refused for 3 month to take a polygraph. In October of last year D.A. drops charges for lack of evidence in January of 2002 filed for expunction and recieved it by March of 2002. Union is still trying to get my job back with compensation and Company still denies giving me my job back. Have arbitration case scheduled for June of 2002, also was on counties web site judicial records free for public viewing. No one would hire me for over one year?
( possibly because of this ?). Having hard time understanding why it is so hard to get a Lawyer to file civil action against my ex-employer, this has cost me thousands of dollars so far in legal expenses, and many thousands of dollars in lost wages for being fired for something I had no knowledge of. Hopefully Union can at least get my job back and backpay but that is all they are contractually able to do. They cannot get legal expenses and or the 14 months of hell I have gone through.
 

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