• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrong Termination?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

xDazedx

Junior Member
What is the name of your state? Florida

I have a brother-in-law that was terminated from his company a few weeks ago. I will try and be brief on the details here.

Accusation - They accused him of taking part of forging contracts, obtaining false commisions and theft of company property.

Story - My brother-in-law was looking for a HDTV. A co-worker said he had a "contact" who could get him a discount on one. The guy wanted $200 for a "finders fee". So he paid the guy. 6 months later he still no HDTV but it was "on the way". Apparently the coworker was working a scam on the company they worked for. I guess a major manufacturers gave their company some HDTV's as incentives and this guy was taking them unbeknownst to my brother-in-law. This co-worker a few weeks ago forged a check for over $25,000. He has not been seen since. There were some other scams he was running as well apparently.

Result - Brother-in-law got pulled into a meeting with the owner of the company who accused him of being involved with the other co-worker. They had an email and a voicemail mentioning the HDTV and were using that as proof. The problem being is that there was no mention that this guy was stealing the HDTV's from the company in either the email or the voicemail. I see this as no different then me knowing someone at Best Buy who gets an employee discount and I send an email saying when can he get it? It is not like the email or voicemail said, "I am taking the TV from the warehouse after work and will drop it off to you tonight." Through the email and voicemail they now made the assumption that they were scamming the company together.

Now I will caveat this by saying this is a 49 year old man working for a professional sales organization. The company did not file a police report. The owner of the company even stopped by his house unexpectedly and asked where the tv's were and basically wanted to look for the missing HDTV's. My brother-in-law let him in and obviously nothing was found.

To add insult to injury, comments were made to other companies that were potential employers for my brother-in-law that he was caught stealing from the company.

Does he have any rights on any of this? He worked for this company for four years and is just in shock as to what transpired.

Thanks for the read!
 


xDazedx

Junior Member
BelizeBreeze said:
Tell your brother-in-law to tell you the truth.
LMAO - Whatever happened to innocent until proven guilty? If he was guilty do you really think he would consider legal action? He was not paid any final salary/commission checks. He is unable to use them as a reference and and is basically having his name dragged through the mud.

If there was evidence, why were charges not filed? They were speculating based on an email and a voicemail mentioning an HDTV.
 

pattytx

Senior Member
An employer is not a court of law and "innocent until proven guilty" and the "rules of evidence" do not apply.

If he has not been paid his wages, he can file a complaint with the federal Dept. of Labor. If he has an enforceable commission agreement that has been breached, that will be a civil case in Florida.
 

weenor

Senior Member
xDazedx said:
LMAO - Whatever happened to innocent until proven guilty? If he was guilty do you really think he would consider legal action? He was not paid any final salary/commission checks. He is unable to use them as a reference and and is basically having his name dragged through the mud.

If there was evidence, why were charges not filed? They were speculating based on an email and a voicemail mentioning an HDTV.

I would love to be defending any discrimination case brought against the employer in this case because I would win. If he thinks he has a case, tell him to see a local lawyer. There may be someone stupid enough to actually take it.
 

janimal

Member
IF your brother in law is innocent, then this is an unfair termination, but not a wrongful one. The employer is not breaking an laws.

If someone offered me a "deal" on an HDTV, I would want to know how they were getting the deal and would ask lots of questions!!
 

cbg

I'm a Northern Girl
A wrongful termination does not mean that you were fired for something you did not do. It doesn't even mean that you were fired for something you did do but the employer has no proof.

To qualify as a wrongful termination, there has to be a specific law that prohibits the employer from terming the employee for the reason they did.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top