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Falsely Accused of Stealing at Work and Asked to Resign

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  • 09-25-2012, 06:27 AM
    Dro DuRo
    Falsely Accused of Stealing at Work and Asked to Resign
    My question involves labor and employment law for the state of: New York, New York

    Back in May 5 2010 I was falsely accused of stealing. I was never questioned nor asked if it was true. My employer just stated that I couldn't be a cashier, or relieve any other cashier for lunch. 2 years has pasted and I was again giving the opportunity to regain overtime and due to fact that cashiers were needed. But on Friday the 21 of 2012, under new management this incident was mentioned again causing me to lose my overtime and again banding me from come in side the cashiers booth. What I don't understand is, If my union and labor relations came to an agreement; that their wasn't enough evidence to convict or prosecute me for that accusation. Why is it still being applied now AGAIN?! ***It's way more to it, but this is basically the icing on the cake.....I believe I am a victim of Defamation of Character were they are slandering my reputation, and they are treating me like a criminal were I was never giving a chance to defend my self. This where the Presumption of my innocence comes into play because I was never found GUILTY!! HELP!! what should I do?!
  • 09-25-2012, 06:45 AM
    cbg
    Re: Falsely Accused of Stealing
    Your employer is not a court of law and there is no presumption of innocence. If you are a member of a union, your best recourse is through them.
  • 09-25-2012, 06:48 AM
    Dro DuRo
    Re: Falsely Accused of Stealing
    Quote:

    Quoting cbg
    View Post
    Your employer is not a court of law and there is no presumption of innocence. If you are a member of a union, your best recourse is through them.

    The first thing they told me was to resign, and then later when they saw that no evidence was presented to fire me and arrest me like they intended to do. Then they wanted to defend me! How can I trust them now?!
  • 09-25-2012, 06:53 AM
    Disagreeable
    Re: Falsely Accused of Stealing
    You don't have a choice. I will give you a clue though. If the union had not been there to protect your job, you would have likely been fired in May 2010.
  • 09-25-2012, 06:59 AM
    cbg
    Re: Falsely Accused of Stealing
    Trust them or don't trust them, your choice. But the law does not obligate the employer to let you work overtime, does not require that you be allowed to work as a cashier and does not have any obligation to let you defend yourself. You may or may not have these rights through the union, but you don't have them by law. The employer is doing nothing illegal so there's no law you can invoke that will require the employer to do what you want them to. You can do nothing and have nothing change, or you can go through the union and maybe have something change. Up to you.
  • 09-25-2012, 07:13 AM
    Dro DuRo
    Re: Falsely Accused of Stealing
    Quote:

    Quoting cbg
    View Post
    Trust them or don't trust them, your choice. But the law does not obligate the employer to let you work overtime, does not require that you be allowed to work as a cashier and does not have any obligation to let you defend yourself. You may or may not have these rights through the union, but you don't have them by law. The employer is doing nothing illegal so there's no law you can invoke that will require the employer to do what you want them to. You can do nothing and have nothing change, or you can go through the union and maybe have something change. Up to you.

    Ok, that I know..the overtime is my option of doing it. But because I was accused of stealing they banned me from one of my duties, and they're slandering my reputation!! by the way others were involved but they aren't affected even though the orders were given against them also....Thanks for your help!
  • 09-25-2012, 07:25 AM
    cbg
    Re: Falsely Accused of Stealing
    In what way are they slandering you? Who have they told that you were stealing?
  • 09-25-2012, 07:31 AM
    Dro DuRo
    Re: Falsely Accused of Stealing
    What do you mean in what way?! They are stating that I'm a thief and can't be trusted to do my job!.....The senior head of security the same guy who threaten me to get arrested if I didn't resign! Is a mess my friend!! lol
  • 09-25-2012, 07:32 AM
    cbg
    Re: Falsely Accused of Stealing
    TO WHOM are they stating it? It's not slander if they only say it to you.
  • 09-25-2012, 07:39 AM
    Dro DuRo
    Re: Falsely Accused of Stealing
    I was told to my face many times, the union delegate had to stop him from doing it as he was referring to us as THIEF! and he is saying it to management, in which 6 are supervisors, and 1 manager
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