Legal Question in Employment Law in California

What should I do if my former employer is accusing me of theft


Asked on 9/17/15, 2:50 pm

1 Answer from Attorneys

Frank Pray Employment Law Office of Frank Pray

Your question may depend on the truth of the allegation, but I will assume you are not exposing yourself to self-incriminating evidence by internet postings. If you have any belief that you are exposed to criminal charges, your first step is to remain silent, and the second step is to retain criminal law counsel. That said . . .

1. You should ask for all the evidence that is the basis of the charge, although you cannot, without a lawsuit, compel that information to be released;

2. You should state your side of matters, protesting any corrective action as based on false or misunderstood information;

3. You should point out to your employer that your work reputation is at stake, and that you consider the charge defamatory, even malicious, because it has no reasonable basis in fact (unless it does);

4) You should be thinking about why your employer would want to falsely charge you with such an extreme misconduct: To hide discrimination? To retaliate because of some prior ethical action or protest by your to employer misconduct? To avoid paying unemployment insurance compensation? 5) to avoid providing medical or disability leave / accommodation? The list sadly is long.

5) Warn your employer that repeating to prospective employers anything about an alleged theft will be viewed by you as cause for "tortious interference with prospective economic advantage," invasion of privacy" and repeated defamation. Get an assurance that they will say no more than confirm your dates of employment.

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Answered on 9/17/15, 3:05 pm


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