Unjust Termination

**KingsKid84** · 12-31-2011, 07:40 AM

My question involves business law in the state of: Georgia

Recently, an employee was given an envelope in a mall to turn in. The envelope wasn't secured and the bills were loose. After returning the money in the envelope the employee left his place of employment and noticed that a loose bill was still in his pocket. He immediately returned the money within ten minutes of leaving. Upon his arrival, his manager fired him. Although he was off the clock and returned the money, the employer terminated him. Is this legal termination considering that he was off the clock and he returned the money once he realized it in his pocket?

**cbg** · 12-31-2011, 07:52 AM

Yes, it is still a legal termination. Whether he was on or off the clock is immaterial. So is the fact that he returned the money. I'm not saying it's fair; I'm not saying it's what I would have done; I'm saying it was legal. There is no law prohibiting an employer from terming an employee under these circumstances. Google At-will employment.

**KingsKid84** · 12-31-2011, 08:08 AM

Thanks cbg...in the event that he seeks other employment. How could using this place of business as a reference affect his chances of getting further employment? Could this employer use this against him? If this is brought up from the previous employer to the potential employer, could it defame his character? or wld it be okay for former employer to speak on this to potential employer?

**cbg** · 12-31-2011, 09:30 AM

I answered this question on the other board where you posted. If it happened the way you claim, I really don't think it can harm the employee. Yes, the employer can mention this, but the fact that the employee came back and turned in the forgotten bill immediately speaks in his favor. It's only defamatory if the employer says something that is untrue.