Social Worker Accused of Theft

**social worker54321** · 04-27-2011, 12:50 PM

My question involves defamation in the state of: Indiana

I work for a program (at a non-profit agency) that aids people over 55 years-old who have a visual impairment. Often, my work requires home visits because people can't travel to the office. I visited a new client, and had a pleasant, unremarkable visit. Two weeks later, this woman calls my supervisor and accuses me of coming to her house on the weekend and stealing around $200 from her purse. I do not think that anyone at my office takes this claim seriously. The woman is unable to describe me, and her story has strange details in it that imply that she may have senile dementia. However, my supervisors have consulted with their insurance agent and their lawyer, and I am prohibited from making home visits "until this thing blows over." This is supposedly for my protection as well as that of my company. I would not be worried, but the problem is that my accuser lives in my neighborhood, and I was alone at my home when she claims that the theft occurred, so I really don't have an alibi.

My questions are:
1) I don't think that I'm going to be fired, but if I am for this reason, what is my recourse against my company.

2) Even if I'm not fired, can I sue the woman who falsely accused me? Can I do anything against her at all to force her to retract her false statement?

**cbg** · 04-27-2011, 12:52 PM

1.) None. It is legal to fire you because you are accused of theft, even if you are not guilty and the company knows it.

2.) Have you considered the possibility that she may truly believe what she is saying?

**social worker54321** · 04-27-2011, 01:42 PM

So I have no protection at all against false accusations, and am considered guilty until proven innocent? This doesn't sound right at all. Even if she DOES honestly believe I did it, she has NO PROOF. Since my conscience is clear, I have no doubt that I could pass a lie detector test, and my fingerprints will NOT be on her purse, or anywhere they shouldn't be.

Lest anybody accuse me of being mean towards an elderly woman: I have two children and am the primary breadwinner for my family. I can't afford to lose my job.

**social worker54321** · 04-28-2011, 10:28 AM

Your advice is unhelpful and you yourself are rude and unsympathetic. Shame on you.

**cbg** · 04-28-2011, 10:48 AM

Nothing I posted was rude, and you can't judge sympathy from a message board post.

The answer I gave you to question #1 was accurate. The fact that it was not the answer you wanted does not make it wrong, or unhelpful. IF you are fired, and you have not been fired yet and even stated that you do not think you will be, it will be a legal termination. You cannot sue the employer for doing something legal. The law does not say that you cannot be fired for something you didn't do. The employer may LEGALLY fire you because of the complaint, even if the complainer is mistaken.

It's extremely hard to sue someone for stating their opinion, especially when you have no damages for it. Your second question was what you could do to force her to retract her "false" statement. You may have read about a little thing in this country called "free speech". If she truly believes that you are the one who took the money, what law do you think exists that will force her to retract? And as to the other part of the question, if you are not fired, you have no damages to sue for.

Now, if by "helpful" advice, you mean telling you what you want to hear, you're in the wrong place. I don't make the laws; I don't vote on their passage. The fact that I tell you what the law says and it isn't what you wanted to hear doesn't mean I'm unsympathetic to your situation; it means I have enough respect for you and for the law to tell you the truth and not make up a lie to make you feel better.

Shame on YOU for blaming the messenger for the message.

**social worker54321** · 04-28-2011, 11:37 AM

The tone and brevity of your post gave the impression that you think that I am guilty. And this, in fact, is what makes me so angry and resentful. That just the SUSPICION of wrongdoing can ruin my life. It doesn't matter that I have no criminal history, and have always behaved with integrity and care toward my clients. One malicious/crazy old woman can ruin my life. Do you blame me for wanting justice. And if you think that I have the wrong mindset, what would YOU do if you were in my place and falsely accused. I am not being sarcastic in asking this, and it's not a rhetorical question. What would you or anyone else do in response to this situation. I'm very stressed, crying all the time and losing sleep over this.

**cbg** · 04-28-2011, 12:22 PM

I don't blame you in the least for being upset. But I can't make the law say what you want it to say, no matter how unfair you or I may think it, and I am not responsible for what it says. I have no reason to believe you guilty, but that doesn't change the fact that you can (not will - can) legally be fired, or that it will be difficult (not impossible, but difficult and quite expensive) for you to take legal action against her.

And I might also caution you that taking legal action might backfire on you. There's always the point that court proceedings are often if not always public records. Right now only you, the woman herself, and the agency know that you've been accused. Even if you are fired, there are ways you can spin the situation for future employers, and I am happy to help you with that. But if you sue her, there are going to be a lot more people made aware of the accusation, and you can't control what all of them think.