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  #1 (permalink)  
Old 02-07-2009, 12:41 PM
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Join Date: Feb 2009
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Wrongfully Accused

Looking for advice on this situation:

Over the Christmas holidays, the business in which I work for was quite busy due to its nature of business - being a Bar with Live Entertainment. I, along with a friend, are in management positions on this bar.

Recently the owner made phone calls around stating a large number of booze has been missing, along with a depletion in bar sales (when it should of been booming due to the nature of the time of year). During this conversation on the phone, I felt as if the blame was being directed toward us.

If at the meeting, our employer (who is a loose cannon, and has TERRIBLE business ethics) states the blame on us, what legal action do we have? In being wrongfully accused, Can we go to our city's Human Resources and file any type of complaint?


Any information toward this would be great.

Thanks,
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Old 02-07-2009, 10:12 PM
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Your cities human resource department has nothing to do with a privately owned bar, nor do they accept complaints about being accused of stealing beer.

Two issues: losing a job for stealing and 2. being charged criminally for stealing.

If you live in an "at will" state, you can be hired/fired for no reason, or for any reason.

If you are charged criminally for theft, I'd hire an attorney ASAP.
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Old 02-08-2009, 11:08 AM
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And if your name is mentioned by this bozo in conjunction with lost sales or stolen product to ANYONE, you can sue for defamation. But why do you want to work for a Bozo?

Keep your head down, nose to the grindstone. Bozo will figure it out... but if he puts you in the middle ... fix his problem... wagging tongue... with a visit to a lawyer to get the lawyer to write a letter stating the legal requirements for a defamation suit and explaining how close he is to being sued. All you need to have is a witness to his ranting.
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Old 02-08-2009, 01:07 PM
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Quote:
Originally Posted by donallie View Post
And if your name is mentioned by this bozo in conjunction with lost sales or stolen product to ANYONE, you can sue for defamation. But why do you want to work for a Bozo?

All you need to have is a witness to his ranting.
Oh, Christ. All you need to win a defamation suit is ONE witness? Really? Which law is that? If you aren't too busy to document your answer, of course.

While your looking for proof of THAT little gem of misinformation, allow me.....

IF he mentions the posters name to ANYONE? Really? How about he mentions it to the COPS? Can the poster sue then? What if they investigate and find the charges are justified. Then can the poster STILL SUE the "BOZO"? You said ANYONE. One witness. Really?

The answer is in order to sue for defamation, you must PROVE damages to yourself and your reputation. She has said nothing to indicate she has been damaged. Offended, sure. Mad, yep. Damaged? She hasn't said the first thing about being damaged. And, obviously because of the First Amendment, defamation lawsuits are difficult to win.

And, of course, the defense to defamation is--the truth.
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