Defamation of Character?

I was the opening manager at a fast food restaruant, and when I went to go into the safe to get the night deposit to go to the bank, it wasn't there. The first thing I did was tear the safe apart to look for it, looked all over the office. I couldn't find it. Then I called the manager from the night before and asked where her deposit was. She proceeded to yell and scream and said I did something with it. I told her I looked everywhere and it wasn't there. She continued to yell and threatened me, so I hung up on her. I then proceeded to call my boss, and when I didn't get an answer, I called the owner. Told him what happened, and he told me to just run the restaurant the best I could and we'd figure something out and maybe it would come up somewhere. Well, at this time it was opening time and I hadn't gone to the bank yet, so he told me to go ahead and go. So, till that time I hadn't gone anywhere, hadn't left the restaurant, so where was I going to put a deposit, down my pants? I had to do a police report and tell what happened, and of course the other manager did also, and said she didn't take it and left it in the safe. Well, it wasn't there when I opened it that morning. I don't know if she took i t or not, I just know it wasn't there. Both of us was suspended without pay pending investigation. Now, the owner wants me to take a lie detector test. I don't know if I should. I'm not worried bout it, but would that be good for me? Now, I'm without a job and having trouble with my unemployment. I just don't know what to do. Can I sue? The only thing I'm guilty of is being the lucky one to open that day and have the deposit gone. For goodness sakes, I ran a McDonalds restaurant for three years and had no issues what so ever. The deposits there were twice as much. I am completly innocent! How can I be charged for something I did not do? I'm scared and afraid this will hurt my chances of finding another job. Any advice? Thanks for taking your time to read this.

As unfortunate as this scenario is, you aren't being "charged" with anything. Years ago my husband was a manager of a fast food chain and the same thing happened to him----and he and the night manager were both temporarily suspended pending an investigation. Of course, he was returned to duty with back pay when it was determined he was not guilty.


A lie detector is not admissible in a court of law. So, it would not hurt you to take it--if indeed you had nothing to do with it. How else can they determine who is at fault when it is word against word? Perhaps they are just asking if you will take one to judge your response----to see if you are WILLING to take one. That may be the case.

I know your feelings are hurt---but you are not being defamed. Defamation of character happens when someone says something to someone else about you that isn't true AND it damages you (you don't get a promotion, you are attacked, you are denied credit, etc.) Now, if they give you negative work references when you apply for other jobs suggesting you are a thief when that was never proven, then you could perhaps sue for defamation---since what they are saying has to be TRUE. If what they are saying is true, even if it is hurtful, then that is not defamation. The defense to defamation, then, is the truth.

If this situation is resolved and you are not REHIRED afterwards, you may be able to sue for wrongful termination, depending on the state in which you reside. Some states are at will states which means you can be fired for anything, or nothing with no explanation.

Thank you for your advise. Yes, it does ****, because I did nothing wrong at all! Thats what sucks I did nothing, and yet I'm in the crapper for it. But, it really did help, thank you again. I'll take the test, and wait and see if they'll hire me back when I pass, and if they don't then I can do something. Do they have to pay me back pay, from when they put me on suspension? It did say without pay.

If it turns out you are on suspension wrongfully ( i.e. you were innocent) I think you should be entitled to back pay. Try to be positive---hang in there.

Good luck.

Please read this article: Libel and Slander Lawyers