I was fired from my job as a cashier for theft. There was no proof of such theft. All of my money added up and my drawer was .53 cents over for my shift, but the store was $100 short for the day and they are trying to pin it on me. There is not a way to alter your money log. After being fired over the phone, I tried to get corporate numbers to contact the loss prevention department (who supposedly ordered my termination) to see what evidence they have against me. They have not returned my voicemails. It has been almost a week since my termination, and now people are seeking me out to ask what I stole. One of these people is a police officer who is asking as a friend, not due to an investigation. I think that it is ilegal to say that you fired an employee for theft to the general public and isn't it illegal to discuss this with the other employees too? I live in a VERY small town and the fact that they are spreading this 'gossip' will prevent me from getting another job. What kind of legal action can I take? I am considering hiring a lawyer, but since I have no paycheck this may be of a challenge. Do you think I have a case? Is this slander, libel, or defimation of character? I live in TN and it is an 'at will' state, but do I have a wrongful termination chance? Any responses will be greatly appreciated.

Hello h:

I don't think you have a case for wrongful termination, but I think you might have one for defamation of character. I'd visit a lawyer.

excon

Thank you for your answer. What kind of proof will I need to take when I see a lawyer? Since I am low on funds, do you think a lawyer would take this case on consignment?

Hello again, h:

Not really. As bad as they were, I don't think your damages amount too much... At least not yet. IF what they did results in your not being able to find work, or somebody decides NOT to do business with you based upon what was said, THEN you add up what it cost you, and THOSE are your damages...

Proving they damaged your character is only HALF the battle... Proving damages is the other half..

Since, at this time, you really don't have damages YET. So, it's really too soon to see a lawyer. Even when it is, I doubt whether you'll find a lawyer who will take the case on consignment... There just isn't enough money involved.

excon

The burden of proof will be on them. If they have spread info that you were fired because of misconduct, they have to prove the misconduct.

Definitely talk to an attorney. They imay be able to come up with enough punitive damages to take the case on contingency.