Results 1 to 4 of 4
  1. #1
    Join Date
    Jan 2005
    Posts
    2

    Default Terminated with no proof

    A little over a month ago I was terminated from an at-will employer (I've gone over the employment law section of your site) for something I did not do, that is, I was accused of employee theft and fired. My position was Valet Parking Supervisor, Captain, and Cashier. The termination came about from the results of an in-company detective test, aka 'secret shopper.' The company I worked for did not and has not produced any proof of their accusations before or after my termination. Within the month following the termination, my own investigations regarding the paper trail of this action lead me to believe that I was not responsible for the alleged theft. The company in question has 'officially' not allowed me to see their evidence against me, however I was able to obtain 'unofficial' evidence - basically the same as the 'official' documentation, just obtained 'unofficially.' I'm not supposed to see it. Upon review, this evidence does not prove any guilt on my behalf. I am still waiting for my unofficial sources to obtain a copy of the receipt for the transaction from which I allegedly stole.

    I have several questions: Do I have a right to view all the evidence the company has regarding my termination? Do I have a strong enough base to seek legal advice and/or mount a wrongful termination suit upon? I live in Los Angeles, CA.

    Thanks for your time and help.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Obtaining Evidence in Wrongful Termination Suit

    If you commence litigation, you should be able to obtain the evidence through discovery.

    Whether or not you have a viable case is something best resolved through a consultation with a California employment lawyer.

    I am curious about this:
    Quote Quoting schuels
    Within the month following the termination, my own investigations regarding the paper trail of this action lead me to believe that I was not responsible for the alleged theft.
    That is, why was it necessary for you to conduct your own investigation before you could conclude that you were not responsible for the alleged theft? Obviously, you will be in a better position for litigation if I am misunderstanding your remarks, and the reason you knew that you weren't responsible is that you have never stolen any money from your employer.

  3. #3
    Join Date
    Jan 2005
    Posts
    2

    Default clarification

    The "theft" in question was an overcharge. Even if the cashier did not pocket the money, the company still considers this employee theft.

    Also, is it possible to litigate w/o an attorney? To obtain evidence through discovery without enlisting a lawyer? Finally, is there a government agency that can help me, or a pro bono organization? I haven't had much luck in my searching thus far, and being newly unemployed limits my ability to hire a pro.

    Thanks again for your help.

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Re: clarification

    Quote Quoting schuels
    Also, is it possible to litigate w/o an attorney? To obtain evidence through discovery without enlisting a lawyer?
    Yes, but... litigating a wrongful termination case without a lawyer will be difficult, as will be learning the court rules and procedures, and rules of discovery. You can try small claims, but that severely limits both the maximum recovery and in most jurisdictions also limits or does not allow for formal discovery.

    Quote Quoting schuels
    Finally, is there a government agency that can help me, or a pro bono organization?
    If you can demonstrate that there was a civil rights violation associated with your termination (e.g., racial or gender discrimination), you might be able to get the EEOC or the state equivalent to look into your situation.

    1. Sponsored Links
       

Similar Threads

  1. Ticket Errors: No Proof Insurance Ticket but Provided Proof
    By Mfrancis in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-02-2010, 03:25 PM
  2. Burden of Proof
    By bluebonnet in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-15-2009, 08:57 AM
  3. Debt Collectors: What Proof Do They Need
    By nvrgvup in forum Debts and Collections
    Replies: 7
    Last Post: 04-09-2009, 07:36 PM
  4. Ticket Errors: Accidentally Provided Expired Proof Of Insurance, Officer Refused Current Proof
    By Lawson in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 02-23-2009, 10:51 AM
  5. Getting Fired: I Was Terminated, then My Wife Was Terminated
    By kegssghelp in forum Employment and Labor
    Replies: 7
    Last Post: 08-21-2008, 06:06 AM
 
 
Sponsored Links

Legal Help, Information and Resources