Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Small Claims (https://www.askmehelpdesk.com/forumdisplay.php?f=303)
-   -   I lost my job because of stolen money when I didn't do it. What should I do (https://www.askmehelpdesk.com/showthread.php?t=534360)

  • Dec 13, 2010, 12:42 PM
    Acannida06
    I lost my job because of stolen money when I didn't do it. What should I do
    My boss called me about 30 minutes before my shift, stating my cash drawer came up $80 short from last night and demanded an explanation. I told him It must have been some kind of mistake because I know I dropped the $80 in the safe. He stated, when he came to work and opened the safe the envelope that I dropped the cash in was empty and contained just the register receipt. I really lost my cool, because I know I didn't steal any money. I demanded to see the camera. He showed it to me in thumbnail size and in fast motion. When I told him to slow it down, he called the cops and stated I was acting uncontrollable. He didn't press any charges to the cops and told me not to come back to work

    Every since I have been working there, It has been a money issue. When I first got hired, he was firing a girl for the same reason and had me to cover her shift.( He had already hired a new person to cover my shift too... I feel this was planned) He also has terminated a lot of other people for the same reason when they stated they didn't steal either.

    My boss has a history of being on Cocaine and having a very abusive relationship with his wife. There are only 3 people who have access to the safe. Him, Assistant manager who is known for steaing, and another girl who comes to work drunk all time. I really think this is his way of stealing money from his daddy's company... blaming theft on the last new employee. Can you please give me some advise on handling this situation... Can I sue and gather all the people as withnessess he has done this way? If not what else can I do?
  • Dec 13, 2010, 01:09 PM
    smoothy

    Do you live in what is know as a Right to work state? Are you an "At Will" employee?

    If you are then there is little you can do... you can be fired for any reason (they don't even need a legitimate one)... just as you can quit for any reason.

    If you are a Union employee... then take the issue up with your shop steward.

    Now if they want to charge you with theft... they are going to need some proof and would need some to get a conviction.
  • Dec 13, 2010, 01:16 PM
    Fr_Chuck

    First call them as witness to what, that they were accused of stealing ?

    Go over his head with all of your evidence to the HR department or his manager
  • Dec 13, 2010, 01:32 PM
    Acannida06
    Comment on Fr_Chuck's post
    Yes, Can't everyone he has done like this get together and do something? The problem is it is family owned, they don't have a HR. Their family is sticking together like any other family would.They don't want to believe he is doing this.
  • Dec 13, 2010, 01:34 PM
    Acannida06
    Comment on smoothy's post
    I currently live in Georgia... At will state... What little can I do? This is unfair to the employees
  • Dec 13, 2010, 01:50 PM
    smoothy

    AT WILL, means your employment is either AT your WILL or at THEIR WILL.

    Simply means they have no obligation to continue your employment if they don't see fit to have you around. Or you can walk out if you find a better opportunity.

    Actually, what's fair or not can apply from EITHER sides perspective. Talk to employers about HAVING to keep someone on payrol that is neither productive or beneficial to the employer... and the flip side is you have some that don't value or respect their employees. And Employees that don't repect their employers. What you will find as you get work experience.. is the best places to work value your and your contributions... and the worst are like this... and don't.

    Now if they actually charge you with something... or dock your pay about a "missing" deposit. Then your chances for recourse increase. Because THAT is something they will need to prove.

    I know it's a tough economy... so don't waste time by NOT looking for a new job. It might not be that easy to find.
  • Dec 13, 2010, 06:41 PM
    twinkiedooter

    Small family businesses have a tendency to do just the same scenerio you have laid out and get away with it. The employee ahead of you had essentially the same thing done to her. Did you actually think that the "boss" was going to treat you any different? No. Find another job and this time Look before you Leap might be a phrase that you keep in mind when interviewing them to see if you want to work there.
  • Dec 20, 2010, 09:07 AM
    excon
    Quote:

    Originally Posted by smoothy View Post
    If you are then there is little you can do....you can be fired for any reason (they don't even need a legitimate one)....just as you can quit for any reason.

    Hello A:

    I disagree with my friend, smoothy. It's true - they CAN fire you for any reason, or NO reason at all. What they CAN'T do, is MAKE UP a reason.

    The other side of the coin, is the question about your damages... If you can't COUNT them up in your bank account, and you only FEEL bad that he accused you, then you have NO damages. So, if you sued, and you WON the first part of your lawsuit - proving that he's a LYING SOB - you're going to lose the second part of your lawsuit because you have no damages...

    Now, if he tells a prospective employer about this "theft", THEN you've got PROVABLE damages.

    excon
  • Dec 21, 2010, 05:53 AM
    smoothy
    Quote:

    Originally Posted by excon View Post
    Hello A:

    I disagree with my friend, smoothy. It's true - they CAN fire you for any reason, or NO reason at all. What they CAN'T do, is MAKE UP a reason.

    The other side of the coin, is the question about your damages... If you can't COUNT them up in your bank account, and you only FEEL bad that he accused you, then you have NO damages. So, if you sued, and you WON the first part of your lawsuit - proving that he's a LYING SOB - you're going to lose the second part of your lawsuit because you have no damages...

    Now, if he tells a prospective employer about this "theft", THEN you've got PROVABLE damages.

    excon

    An important distinction to make is PERCEIVED accusations from simple inquiries designed to instigate a response from someone that's guilty.

    They might have made comments to everyone privately to see how they responded to narrow the field down. The Police do it with suspects... and employers do it all the time. Particularly in the retail field or those who handle large sums of money.

    There is a difference between actually flat out saying you are the one who did the theft (wrong to do without some evidence, technically slander if the wrong words are used) , and merely suspecting you of it. And while most innocent people will get perturbed by being suspects... many guilty parties (but not all) will over react in some way with their response.

    People are usually held responsible for their own cash drawers and balancing them at the end of their shift, and assumed responsible for discrepancies unless its actually shared between more than one person, Never happens in any bank (sharing) and is actually rare to share them in many retail establishments except the smallest ones because of the possibility of someone skimming the drawer before its cashed out at the end of the day. For personal accountability reasons.

    And in a bank industry being repeated short on your cash drawer IS grounds for dismissal. Wife works in banking and it happens in most Banks, at least the 4 she has worked for, she has seen many Bank Tellers fired for being repeatedly short of over at the end of the day. Because it can mean either clients are being shorted money in the case of an overage or the till is being skimmed or clients are given excess money in the case of a shortage.. in the retail world places that require chashiers sign out their own drawer at the beginning of their shift and turn it into the office at the end treat it the same way.

    They can and do fire for just suspicion based on cash not matching register reciepts... but if they have actual proof (i.e. security video or witnesses) only then would they actually file charges.

    Harsh it is.. but such is life when one works around cash or valuable items. Particularly the lower paid employees with the higher temptation.

  • All times are GMT -7. The time now is 11:19 AM.