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  1. #1
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    Dec 2017
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    12

    Default Former Employer Knowingly Filed a False Police Report Resulting in Employee's Arrest

    My question involves civil rights in the State of:

    I was arrested after the Director of HR filed a complaint with the Sherrifs Department for allegedly stealing a company credit card that was in my name, obtained based on my credit. The card and bill sent to my home. I paid the bill and I was only reimbursed for work related items. When I obtained the card, I signed a policy acknowledging the company was not liable for any personal charges.

    The company filed the complaint then refused to assist the DA in the prosecution ignoring subpoenas, after a year of losing my job (cop showed up on my job to talk to my new boss not me and I was subsequently fired, losing my car, inability to pay my bills the DA dismissed the one charge of grand theft completely. The detective that arrested me did not read me my rights and lied in the charging document. I also did not admit to wrongdoing as stated in same document. Had Detective called the credit card company they would have told him it was my card and I was responsible for all payments as evidenced by DA discovery. I have been unable to obtain any work since being arrested.

    I am a licensed nurse. In my resignation letter I threatened to sue for the rampant racial discrimination I experienced in a minority owned company.

  2. #2
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    Jul 2010
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    7,788

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    What is it that your former employer alleged you did? Did you retain and continue using the card after your employment was terminated? If so. did you fail keep up with payments on the card such that the issuer may have gone after your former employer for any owed balance? Your name being on the card and the card issuer running your credit before issuing it is pretty standard with corporate cards. That does not mean it is your card.

    If you surrendered the card at the end of your employment, did you promptly pay off the balance of any lingering personal charges?

  3. #3
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    Oct 2014
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    7,626

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    You did not provide the state in which you worked, and that matters because defamation law and much of employment law is state law. Nor did you ask a question, so I have no idea what it is that you want to know. You referred to working for a “minority owned company” so I’ll assume you were employed by a private (i.e. non government employer).

    You posted this on the civil rights board, and so far I’m not seeing a civil rights issue other than your claim of “rampant racial discrimination”. But in order to pursue a claim of illegal race discrimination by your employer under federal law, you must first file a claim with the federal Equal Employment Opportunity Commission (EEOC) within 180 days or 330 days depending on whether your state also has laws that prohibit race discrimination in employment and has an agency that enforces that law. If, as your post suggests, you were terminated over a year ago then it is now too late to file any lawsuit under federal for the claim of race discrimination if you did not already timely file an EEOC complaint. Depending on your state, you might still have time to pursue a state law claim of illegal discrimination. Even if you can still file a lawsuit you bear the burden to prove the illegal discrimination. It is legal for the company to fire you because it believes you misused a company credit card, even if it turned out you didn’t. Indeed, the employer in most states does not need a good reason to fire you. All that matters is that the reason is not one of the few the law prohibits, like firing you solely because of your race.

    If you are instead thinking of suing your employer for defamation over the police report, understand that in most states complaints to law enforcement agencies are typically either granted a qualified or absolute privilege to encourage people to report suspected crimes without fear of retaliation by the accused. As a result it is often difficult or impossible to sue for defamation over a complaint made to the police. Again, state law matters a great deal here.

    The police are only required to advise you of your right to remain silent and your right to an attorney (known as your Miranda rights after the Supreme Court case that imposed the requirement) when you are both in custody and being questioned by law enforcement. The remedy for a failure to give the advisement when it is required is that the statements you made during questioning are suppressed and cannot be used against you at trial. So if the cops did not question you after the arrest there was no Miranda violation. Even if there was a violation, as the case against you was evidently dropped by the DA it doesn’t matter because you never went to trial.

  4. #4
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    Nov 2013
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    6,668

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Was this a CC that was issued in the name of the company with your name below it or was it issued in only the company name or to only you? If issued in only your name, I don't see how the director of HR could report your unauthorized use of a company card that was issued to only you.

    Please explain.

  5. #5
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    Oct 2006
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    15,935

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting free9man
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    What is it that your former employer alleged you did? Did you retain and continue using the card after your employment was terminated? If so. did you fail keep up with payments on the card such that the issuer may have gone after your former employer for any owed balance? Your name being on the card and the card issuer running your credit before issuing it is pretty standard with corporate cards. That does not mean it is your card.

    If you surrendered the card at the end of your employment, did you promptly pay off the balance of any lingering personal charges?
    The bill went to the OP's house...not the company. This was NOT a company card.

  6. #6
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting llworking
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    The bill went to the OP's house...not the company. This was NOT a company card.
    Actually, it could be. There are company cards that work that way.

  7. #7
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    Oct 2016
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    1,116

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    What a mess this story is. The OP seems to have thrown a lot of information out there that needs clarification.

    A "licensed" nurse? (An LPN?) Not sure what that means exactly or why such a nurse would need a company credit card, if it even was a company credit card.

  8. #8
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting free9man
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    Actually, it could be. There are company cards that work that way.
    Its under the OP's credit, the bill goes to the OP's house. How is it a company card? What factor makes it a company card in that scenario?

  9. #9
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    Jan 2006
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting llworking
    View Post
    Its under the OP's credit, the bill goes to the OP's house. How is it a company card? What factor makes it a company card in that scenario?
    While I don’t disagree with your statement, the fact the investigation resulted in an arrest suggests something quite different. If truly a personal card with the account held by the op it would be a showing of extreme incompetence for the DA to give this much more than an initial read of the report and the op’s statement. Even if it did get further a showing of the account ownership would belay any further investigation. A newbie defense attorney would be able to kill the prosecution in no time.

    So has the op sought to expunge or seal the entire record of the matter? If it is clear cut as the op states then the issue should be able to be removed from their record and as TM alluded to, a defamation suit might be a consideration.



    There is obviously a lot missing here.

  10. #10
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    Oct 2006
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting jk
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    While I don’t disagree with your statement, the fact the investigation resulted in an arrest suggests something quite different. If truly a personal card with the account held by the op it would be a showing of extreme incompetence for the DA to give this much more than an initial read of the report and the op’s statement. Even if it did get further a showing of the account ownership would belay any further investigation. A newbie defense attorney would be able to kill the prosecution in no time.

    So has the op sought to expunge or seal the entire record of the matter? If it is clear cut as the op states then the issue should be able to be removed from their record and as TM alluded to, a defamation suit might be a consideration.



    There is obviously a lot missing here.
    Re-read the initial post. The company did not cooperate with the prosecutor (most likely because the company knew darned well that they had no grounds to have the OP arrested) and the DA dismissed the case. It was also the Director of HR that called the police and made the accusation, and I would guess that the Director of HR did not really have the authority to do that...which likely contributed to the lack of cooperation as well.

    However, my real question to Free9man was what factor makes a card a company card when it was obtained in the name of the person, using the credit of the person, and is billed personally to the person at their address? Free9man stated that there are company cards that work that way, and I am asking what factor is it that makes them company cards? I have simply never heard of something like that.

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