QUESTION
Can I press charges for being accused of stealing from my former employer?
Asked on Nov 30th, 2012 on Labor and Employment - Michigan
More details to this question:
I was let go from where I worked for the last 11 plus years. On the papers, my employer claimed that he found the missing washer/dryer key on my cart and there was about $130.00 MISSING from the machines. I did find the key on my cart under paper towels about 8 days after me and other workers were told that key was missing. When I found the key on my cart, I took it right to my manager. I asked her was this the missing key and she said yes it was.
4 ANSWERS
Employment Law Attorney serving Los Angeles, CA
Partner at
Law Offices of Maryann P. Gallagher
There is no quick answer for this one, “pressing charges” means seeking criminal charges, so no it is not against the law for your employer to accuse you of doing something .
If you can show there was no way your employer had a good faith belief that you stole the money or took the key, you could file a civil lawsuit for defamation or libel. You have to prove the claim is not true.
Answered on Mar 19th, 2017 at 5:52 AM
Theodore M. Roe
By, "pressing charges" I think you are asking if they are civilly liable for accusing you of theft. Based upon what you have written, I believe the answer is no. For it to be defamation they would have had to publish this allegation to a third party, it must be untrue and you would have to prove that they knew (or used reckless disregard for the truth or falsity of the statement) that it was not true. Give the facts as you have stated them, I do not believe you have a valid claim.
Answered on Dec 07th, 2012 at 1:52 AM
If he simply told you, it is not slander. If he told only managers in the company, you may not sue. That would be a privileged communication. You can sue for slander if he told this to others.
Answered on Dec 06th, 2012 at 5:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Most probably not, and if you were an employee at will, your employer has a right to quit you, just like you have a right to quit them.
Answered on Dec 06th, 2012 at 4:25 PM