17 year old son accused of stealing from work.

[Danessa Taylor]

What is the name of your state (only U.S. law)? Kentucky

My 17 year old son is being accused by his employer of stealing from his register. A corporate officer questioned him, telling him if he didn't admit to it & quit he would be fired and it would go on his record as a red flag permanently, prohibiting him from getting another job. Are they allowed to question him legally without a parent being present? And does he have to answer their questions? Additionally can they put this blemish on his record without proving it first? It was $40 and he says that he didn't close his register out while he went on break and another associate used it while he was gone. If I thought he did this I would make him admit and pay back the money but, he has no reason to do such a thing, considering all monies he makes belong to him and he has a substantial bank account. Additionally they sent him home and told him he would be contacted when they wanted him to come back, he has been there for over a year, can they fire him without probable cause and if not what recourse of action do we have.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[mistoffolees]

- They can fire him for any reason or no reason. They can fire him because they don't like the shirt he's wearing or the color of his shoes.

- They can talk with him at any time. How in the world is an employer supposed to get anything done if they can only talk with an employee when a parent is present.

- He can refuse to answer questions, although that would be additional grounds for dismissal. It would probably also eliminate any chance of getting unemployment.

- They can not put a permanent mark on his record. There is no such record out there which lists your entire work history. They can, however, give a negative reference if someone calls to check up on his work history.

- If they give a negative reference which is unfounded, they can be sued for defamation - so most companies no longer give references other than "he worked her from date1 to date2 and had this title". There's a good chance that their company policy would preclude them from giving him a bad reference.

- If it were me, I'd have my attorney send them a letter stating that he says he did not take any money and they have not provided any plausible evidence that he did. The attorney might threaten them with legal action if they pursue it. If they pursue it, his attorney might file suit for any number of things in order to get the company to sign an agreement stating that they will not provide any negative references and that they have no evidence that he did anything wrong.

 

[Hot Topic]

If he didn't close his register out, which I gather was procedure, that alone could be cause for dismissal.

There are people who have closets full of clothes, but they still shoplift.

 

[NellieBly]

Ask to see the surveillance tapes.