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Possible Wrongful Termination.

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troubledone

Junior Member
What is the name of your state (only U.S. law)? California

Accused of stealing, suspended and fired for following my manager's directive. The company appealed my umemployment and lost -( they can still appeal again ) EDD found no misconduct on my part.

Loss Prevention accused me of working with a customer to cheat them of money, which was later determined that I was not. I was forced to admit of wrongoing and sign a prommisory note. With no option to speak with counsel, I was told that if I sign these documents, I might still be able to keep my job. I was fired and now I am receiving a "Settlement Offer" from Palmer, Reifler & Associates, P.A. to pay $1,000.

Do I have a possible wrongful termination case or does this matter need to be solved in small claims court?
 


pattytx

Senior Member
This is nowhere near a wrongful termination under the law. Google "wrongful termination" and you'll see why.

Unless somebody held a gun to your head, you were not forced to admit wrongdoing and sign that promissory note. Whether an attorney could "get you out of it" by claiming duress is something only competent counsel could tell you, but I'm not optimistic.
 

troubledone

Junior Member
Wrongful Termination Case.

A little harsh on the gun reference, I think. I found the tactics of their loss provention very unprofessional. My guess is that they don't have to offer you a chance to speak with counsel, they just want to scare you into signing. Perhaps following your manager's directive can get you fired but why should I have to pay back what the company lost in this transaction. Are manager's ever held accountable? A fellow employee and witness on that day as well as myself believe they are in the wrong. Seeking competent counsel as advised. :eek:
 

pattytx

Senior Member
Unprofessional is not illegal.

What were you "threatened with" if you didn't admit and sign the note?
 

Zigner

Senior Member, Non-Attorney
A little harsh on the gun reference, I think. I found the tactics of their loss provention very unprofessional. My guess is that they don't have to offer you a chance to speak with counsel, they just want to scare you into signing. Perhaps following your manager's directive can get you fired but why should I have to pay back what the company lost in this transaction. Are manager's ever held accountable? A fellow employee and witness on that day as well as myself believe they are in the wrong. Seeking competent counsel as advised. :eek:
Nothing illegal has occurred.
 

Beth3

Senior Member
A little harsh on the gun reference, I think. I found the tactics of their loss provention very unprofessional. My guess is that they don't have to offer you a chance to speak with counsel, they just want to scare you into signing. Perhaps following your manager's directive can get you fired but why should I have to pay back what the company lost in this transaction. Are manager's ever held accountable? A fellow employee and witness on that day as well as myself believe they are in the wrong. Seeking competent counsel as advised.

The loss prevention officer is not your advocate; he's the employer's advocate and if he can get you to admit to stealing from the company, he's done his job. If you admitted to something you didn't do, then that's on you. You simply weren't forced to admit to being the thief nor to sign a promissory note. None of this was illegal. What you can do is refuse to repay the money and see if the company takes it to small claims court and/or gets a judgment against you.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

Accused of stealing, suspended and fired for following my manager's directive. The company appealed my umemployment and lost -( they can still appeal again ) EDD found no misconduct on my part.

Loss Prevention accused me of working with a customer to cheat them of money, which was later determined that I was not. I was forced to admit of wrongoing and sign a prommisory note. With no option to speak with counsel, I was told that if I sign these documents, I might still be able to keep my job. I was fired and now I am receiving a "Settlement Offer" from Palmer, Reifler & Associates, P.A. to pay $1,000.

Do I have a possible wrongful termination case or does this matter need to be solved in small claims court?
Furthermore, I suggest that, given your ADMISSION to theft, your employer SHOULD appeal, and will likely be successful.
 

troubledone

Junior Member
Wrongful Termination Case.

Well, their advocate was very intimidating. After a half hour stating I did nothing wrong, I caved in and felt they weren't going to let me leave until I did sign. Anyhow, they lost their first appeal because I in fact did not steal from the company. Why is it that nobody wants to comment on the Manager taking any responsibility? I was following company policy and did what my manager told me to do. Somehow I lost my job and I get to pay for this mishap. Where is the justice?:rolleyes:
 

troubledone

Junior Member
Wrongful Termination Case.

So, defamation of charactor isn't illegal? Google tells me it is. The next time you get a great discount price on your purchase maybe the employee that gave it to you will lose their job and have to pay the difference you just saved.
 

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