QUESTION
Do I have a malicious prosecution case?
Asked on Feb 23rd, 2014 on Labor and Employment - Tennessee
More details to this question:
I was employed by a truck dealership based in Virginia, as a mobile mechanic working in Georgia, but my home base shop was in South Carolina. After approximately two months of employment, I was terminated from my job with the words "things aren't working out" and two weeks later I receive a call from the police saying they have an affient generated warrant for felony grand larceny. They claim I defrauded them of $16,000 in tools, parts, and motor oil taken from a shop I was based out of. I disagree, and things go quiet for a month or so. I receive another voice mail stating now the charges are breach of trust with fraudulent intent, and I have to turn myself in. I live two hours from where the alleged incident occurred, and did not work in the shop where the incident occurred. Two weeks prior to my termination, the shop manager in South Carolina was terminated for inventory discrepancies. At last I've heard about two weeks after I was let go, they hired him back. He openly admitted to me as to entering the shop and removing tools and equipment after he was terminated. Unfortunately, I did not get it on tape as our call was too brief for me to set the recorder on fast enough. After spending $7,500 on an attorney, closing my business due to lack of work (clients found out about allegations), being denied jobs due to current litigation, and losing an entire year of pay because of the time frame it took, my case was dismissed and the records were expunged. Do I have a strong enough case for malicious prosecution, wrongful imprisonment (15 hours in cell waiting on bond hearing after voluntary surrender), wrongful termination (at-will state, however all signs point to them firing me under the thought I was stealing from them), libel (name and picture were on county's jail booking website), and punitive damages (undue stress on new marriage, financial hardship caused by debt accrued during criminal litigation)?
2 ANSWERS
I do not know the answer to your question. You should ask a personal injury attorney.
Answered on Feb 27th, 2014 at 8:35 AM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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You do not state in which state the charges were brought. Based on the question, I am guessing South Carolina, so you will need to pose this question to a South Carolina attorney, or to an attorney in whichever state those charges were lodged.
Answered on Feb 27th, 2014 at 8:35 AM