Falsely Accused of Stealing So That They Could Replace Me with a Friend

[jessicayfernando@yahoo.co]

My question involves labor and employment law for the state of: Oklahoma

I work at a full service restaurant as a manager. I have worked there for 6 years and have had a clean record with high performance reviews and consistantly hit my goals. At the beginning of this year our area manager and general manager left the company and my company brought in new management from another restaurant concept. They have worked together for nearly 20 years and are very close. In the months to follow they forced one of our managers out and brought in other manager who was a friend of theirs. We only staff 4 managers in our restaurant, but they have lots of friends who want to work at our company. A few weeks ago after I had left the restaurant for the day I received a text message asking if I had taken any money from the safe. I let the manager know that I had not taken any money and that I hadn't opened the safe at all since the 8:00 that morning (he had counted all the cash at 4:00 per our standard and it was all accounted for). He later texted me and told me that since only him and I had the combination to the safe and it wasnt him, I must have stolen the $300.00. The following day I opened again and a different manager closed. After the previous days accusations , i wanted to cover my rear and I asked her to please count the money before I left. She finished counting it and while she still had it out in the office I left. The next day I came in and was informed that again money had been stolen. Of the 4 managers I was the only manager who worked both days. I realized quickly that someone was trying really hard to make it look like I did it. For 3 weeks the issue has been investigated by our corporate office, then on Monday a P.I was brought in to interview all the managers. He spoke with each of the other managers, then called me last. He started the converstation with look, you were the only manager working both days, I know you did it, just admit it so that we can put an end to all of this! I explained that the manager had verified that the money was all there when I left, so how could i have taken the money? He said that that was not what she said!!! She lied that she had counted the money! She was the kitchen manager with the other concept (I am the kitchen manager) and had made it clear in the month that she has been working in our restaurant that she wants my job. The P.I. would not listen to anything that I said and just kept asking me to admit it so that we could but an end to it. He finally said that he was going to report back to corporate that I was the one that stole the money. I have not been fired yet, but expect it at any time. My question is do they have to have proof to fire me? If they do terminate me for theft do I have the right to sue for wrongful termination in order to clear my name (I am not looking for monetary reward, but i do not want theft on my employement record) if they used "due dilagence" by bringing in a private investigator? If i put in my notice and quit on my own (which is obviously what they are going for) can they tell future employers that call to verify employement that I was suspected of stealing? I know that OK is an at will work state and they can fire me for anything that they would like, but is there anything that I can do about it to keep my name from being drug through the mud? One server has even been going around telling customers and other employees that I was stealing! They have made it a very hostile environment for me. I also wanted to add that the area manager has fired 1 manager and 2 additional managers quit in the 2 restaurants in our city and after each of the mangers left the company they accused each of them of stealing also, and of course a new friend was brought in.

[ESteele]

Unfortunately, with respect to your possible discharge, your employer can terminate your at-will employment based on the mere suspicion of theft. It does not matter that said suspicion may prove baseless or even defy logic. Based on what you related in your post, you would not have a basis for a wrongful termination claim.

If, however, managers at your current employer inform prospective employers or other third parties that you stole money, then you may have the basis for a defamation claim against the current employer. In the context of defamation action, you can then contend you could not have possibly stolen money on at least the first occasion since all of the cash was accounted for in the safe prior to your leaving the restaurant that day.

In contrast, if a server or any other non-management employee is spreading this false allegation, you may want to engage an attorney to send a brief, but stern “cease and desist” letter. (While you could theoretically sue the server and other non-managers as well, they lack the potential “deep pockets” which would make a possible defamation action attractive to an attorney to consider taking on a contingency fee basis. The writing a cease and desist letter, though, is a far more modest undertaking. An attorney should not charge you more than one or two hours of his or her time to dispatch such a letter.)

[Beth3]

My question is do they have to have proof to fire me? No. It is legal to fire you upon mere suspicion of theft.

If they do terminate me for theft do I have the right to sue for wrongful termination in order to clear my name (I am not looking for monetary reward, but i do not want theft on my employement record) if they used "due dilagence" by bringing in a private investigator? This would not be a wrongful termination even if they hadn't done any due diligence or brought in a private investigator.

If i put in my notice and quit on my own (which is obviously what they are going for) can they tell future employers that call to verify employement that I was suspected of stealing? Yes. Additionally, if you resign you will not be eligible for unemployment benefits.

I know that OK is an at will work state and they can fire me for anything that they would like, but is there anything that I can do about it to keep my name from being drug through the mud? You can only take legal action if they tell others anything that is factually untrue or they provide a negligent reference.

One server has even been going around telling customers and other employees that I was stealing! You should immediately tell senior management about this. At the very least, I doubt they'll be happy about a server blabbing confidential company business.

They have made it a very hostile environment for me. Under the law, a HWE exists when there is a pervasive atmosphere of prohibited discrimination. This does not apply to your situation.

Your employer does not need a reason to fire you; they do not have to trump up false allegations of theft or anything else to let you go. A simple, "Your services are no longer required" is all that is necessary. They are free to let you go at any time if they wish to replace you with someone the new management has worked with previously.

I feel for your situation but your best option right now is to remain where you are and see what happens. The PI stating that he KNOWS you took the money in order to get you to admit it is just a standard interrogation tactic. It doesn't mean that they have proof you took the money or that they are going to fire you.

[jessicayfernando@yahoo.co]

Thank you all for your help. Unfortunatly yesterday they did terminate me for violation of the cash handeling policy. It is clear that it is not wrongful termination becuase I was not discriminated against. My question now is what can they tell future employers who call to verify my employement? Am I screwed forever for something that I did not do, and dont have the opportunity to clear my name?

[ESteele]

Again, if a representative from your former employer informs prospective employers or other third parties that you stole money, then you may have the basis for a defamation claim against the current employer.

It would not surprise me, though, if your former employer either (1) does not respond to reference inquiries from prospective employers or (2) provides only a “neutral reference,” i.e., date of hire, date of separation, position and compensation. Many companies provide only neutral references in order to minimize the prospect of being sued for disseminating false information about former employees.

Separately, you should apply for unemployment. If necessary, you can explain to the hearing examiner that you did not steal money on either occasion and you physically could not have stolen any cash on the first occasion.