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Wrongful termination accused of fraud


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#1 DIANARO101

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Posted 05 February 2013 - 11:44 AM

I worked for a supermarket for 7 years in a half, i was a Head Cashier. In September 2012 i was fired for attendance issues, never given a paper to sign just told to leave, i filed for unemployment and got denied because manager put down i forged a coworkers signature on a deposit check, and i stole from the banks deposit. i appealed to go to court and given a date to show up. when i go to court that day three witnesses on my managers behalf were suppose to be in the court room and never showed up. Manager told the judge i forged my coworkers signature on a check. i told judge i did not and those werent my signatures. i also told judge i did not steal anything and theres is no evidence of me taking anything not a video nor a paper of me stating i did. The only thing i did was take money from the safe and place it in my till, which circulated and went back into the cashiers safe. My mistake was that i never told a manager, but it was something all of us head cashiers did. There were no rules in the cashiers office on how to do our jobs. We just did our jobs as the day goes. Our managers were never to bright in our cashiers office situations. With the end of the court session. Exactly the next day i received the unemployment letter i was still denied unemployment. In my old jobs records they still have me as being dishonest, fraud, and theft, it ruined my reputation and i want to clear it up so when i find another job it wont affect me. Need Help immediately

#2 pg1067

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Posted 05 February 2013 - 11:51 AM

Fascinating story. Do you have a question for us?

#3 FindLaw_Amir

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Posted 05 February 2013 - 12:47 PM

What would you like done about this matter?
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#4 bham246

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Posted 05 February 2013 - 02:07 PM

i was terminated from my job for nothing, so how do you make a discrimination complaint when employers are given the okay to put in their policies, thumbs up to fire someone for no reason other than they just didnt like me, they didnt like my looks.....

#5 Fallen

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Posted 05 February 2013 - 03:25 PM

"The only thing i did was take money from the safe and place it in my till, which circulated and went back into the cashiers safe. My mistake was that i never told a manager, but it was something all of us head cashiers did. There were no rules in the cashiers office on how to do our jobs."

"Exactly the next day i received the unemployment letter i was still denied unemployment."

Doesn't seem to me that the unemployment folks would send out a letter same day as "court", so it's unclear whether court agreed with unemployment.



All we can really offer on boards is feedback and general info (contrary to marketing).

Employer is free to fire for attendance issues that don't involve FMLA-eligible time off. You were free to contest the employer's contest of your unemployment benefits, and free to talk with a PI attorney about the fallout if the state denies you on appeal. (It's a relatively small-change matter as it relates to unemployment, but actionable even if that person doesn't repeat it to, say, prospective employers, however. Might consider suing company for libel per se in small claims without a lawyer (this if you talk with several personal injury attorneys about defamation/libel and no one bites). Accusing you of being a criminal/committing a crime is actionable even if there are no actual damages (it's presumed). (In very, very few places, such a thing is a crime in and of itself.)

If a (certified) letter (showing a copy went regular mail) to a higher up about this person's lies to unemployment and your record (evidently) showing X (though you don't say how you know) (and making it clear how you'll interpret silence) is answered by chirpy crickets instead of an apology/explanation, I'd feel free to pursue employer.

* * *

bham, you have piggybacked onto an unrelated thread; please post your own new question, 'lest your post be overlooked as just another response. That said, note that an employer is free to fire for no reason everywhere but Montana, I think (and even then may feel free to make something up). If someone didn't like your "looks" one wonders why they'd hire you in the first place. If purely a matter of "looks" I think only DC prohibits employers making decisions based on personal appearance. You'll have to be more clear in another post about what you think makes this an unlawful discrimination issue (noting that most types of discrimination are lawful).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 pg1067

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Posted 06 February 2013 - 08:42 AM

i was terminated from my job for nothing, so how do you make a discrimination complaint when employers are given the okay to put in their policies, thumbs up to fire someone for no reason other than they just didnt like me, they didnt like my looks.....


Being fired because your employer didn't like you or your "looks" (whatever exactly that means) is not being fired "for nothing." Nothing in the history of the world has ever been done for "no reason." There's always some reason.

Most employment in the U.S. is "at will," which means the employee can quit at any time for any reason and the employer can fire the employee at any time for any reason that is not expressly illegal (e.g., discrimination on the basis of race, ethnicity, gender, etc.). Note that most discrimination is perfectly legal.

If you have reason to believe you were fired for some illegal, consult with a local employment attorney and/or make a complaint with the U.S. EEOC or the equivalent agency in your state.

#7 DIANARO101

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Posted 14 March 2013 - 10:56 AM

What would you like done about this matter?

I WOULD LIKE TO KNOW WHATS THE NEXT STEP I CAN DO SO I CAN HAVE A CLEAN RECORD, SO WHEN I GO FIND ANOTHER JOB IT WONT AFFECT ME.

#8 DIANARO101

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Posted 14 March 2013 - 10:57 AM

"The only thing i did was take money from the safe and place it in my till, which circulated and went back into the cashiers safe. My mistake was that i never told a manager, but it was something all of us head cashiers did. There were no rules in the cashiers office on how to do our jobs."

"Exactly the next day i received the unemployment letter i was still denied unemployment."

Doesn't seem to me that the unemployment folks would send out a letter same day as "court", so it's unclear whether court agreed with unemployment.



All we can really offer on boards is feedback and general info (contrary to marketing).

Employer is free to fire for attendance issues that don't involve FMLA-eligible time off. You were free to contest the employer's contest of your unemployment benefits, and free to talk with a PI attorney about the fallout if the state denies you on appeal. (It's a relatively small-change matter as it relates to unemployment, but actionable even if that person doesn't repeat it to, say, prospective employers, however. Might consider suing company for libel per se in small claims without a lawyer (this if you talk with several personal injury attorneys about defamation/libel and no one bites). Accusing you of being a criminal/committing a crime is actionable even if there are no actual damages (it's presumed). (In very, very few places, such a thing is a crime in and of itself.)

If a (certified) letter (showing a copy went regular mail) to a higher up about this person's lies to unemployment and your record (evidently) showing X (though you don't say how you know) (and making it clear how you'll interpret silence) is answered by chirpy crickets instead of an apology/explanation, I'd feel free to pursue employer.

* * *

bham, you have piggybacked onto an unrelated thread; please post your own new question, 'lest your post be overlooked as just another response. That said, note that an employer is free to fire for no reason everywhere but Montana, I think (and even then may feel free to make something up). If someone didn't like your "looks" one wonders why they'd hire you in the first place. If purely a matter of "looks" I think only DC prohibits employers making decisions based on personal appearance. You'll have to be more clear in another post about what you think makes this an unlawful discrimination issue (noting that most types of discrimination are lawful).

WHAT KIND OF LAWYER I CAN GET TO PURSUE MY CASE? I WANT TO FORGERY TAKEN OUT OF MY RECORD SINCE THEY HAD NO PROOF? OR THEFT AS WELL? I ALREADY DONT GET UNEMPLOYMENT AND WAS DENIED.

#9 DIANARO101

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Posted 14 March 2013 - 10:58 AM

Fascinating story. Do you have a question for us?

iS THIS A CASE THAT I HAVE?

#10 FindLaw_Amir

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Posted 14 March 2013 - 11:16 AM

You may want to consult with a local Employment Lawyer to address your claim. Employment lawyers protect the rights of employees and determine violations of federal and state anti-discrimination and harassment laws, and employment agreements.

Keep us posted.
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#11 Fallen

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Posted 14 March 2013 - 11:17 AM

Diana, it's unclear what "record" you're referring to, but you need to carefully re-read my post. You may, depending on what it is you mean, want to talk with a local personal injury attorney.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#12 DIANARO101

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Posted 28 March 2013 - 10:20 AM

Diana, it's unclear what "record" you're referring to, but you need to carefully re-read my post. You may, depending on what it is you mean, want to talk with a local personal injury attorney.

I JUST WANT FORGERY AND THEFT TAKEN OUT OF MY RECORD, MEANING HUMAN RESOURCES FROM MY OLD JOB , SINCE THEY FIRED ME THEY STILL HAVE ME UNDER FOR FORGERY AND THEFT WITH NO EVIDENCE.



#13 DIANARO101

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Posted 28 March 2013 - 10:27 AM

I JUST WANT FORGERY AND THEFT TAKEN OUT OF MY RECORD, MEANING HUMAN RESOURCES FROM MY OLD JOB , SINCE THEY FIRED ME THEY STILL HAVE ME UNDER FOR FORGERY AND THEFT WITH NO EVIDENCE.

WELL IS MY STORES FILE



#14 Fallen

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Posted 28 March 2013 - 02:15 PM

As I said, you might want to re-read my first response. 

As for your (personnel) record, it's unclear how you know what's in it, but ...  You're free to demand from the employer that they take any reference to X out of your file.  That doesn't mean they are obligated.  You're free to have an attorney send them a nasty note advising of the consequences of reckless disregard for truth if they provide prospective employers with any assertions of theft/forgery -- that's an act of libel per se -- and saying that you want to agree to a neutral reference that only provides dates of employment, possibly rate of pay, etc., but no other info even if the caller asks specific questions about why you left, etc.

In future, please don't post in all capital letters; it's considered shouting.
 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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