Terminated for Theft

I was recently fired from my local bar. They suspected i was dealing drugs out the back door, and they have on video me taking some food.

I was a cook there, and i was making a stop to get some shifts changed around. While i was there i stop in the kitchen and grabed a snack (no the best thing to do, i know this now) And so they fired me for stealing the food. But i wanted to know: if im fired for stealing, and i apply for a job somewhere else, what cant my old boss say about me? Can he say that i was terminated for theft? can he say he suspected me of selling drugs on property? and is there anything else he can say that might hurt/help my employment search?


Also, they banned me for life from the building, and said that if i tried to enter they would bann me from the entire strip mall? is this possible too?


Thanks for your answers im really confused



P.S. on a resume can i put jobs i was fired from? Do i have to announce i was fired? Or is it just if they ask?

Your previous employers cannot tell a prospective employer you were fired for theft. If they do and you can proved it you can sue for slander.

Wrong! As long as the employer believes that the employee was dealing drugs, stealing money or whatever the circumstances were then truth is the best defense. Sure anyone can sue anyone for anything as long as they are willing to come with $20,000 and have two to three years taken out of their lives and be willing to accept that they most likely will lose.

Some states your former employer is only allowed to state whether or not they would rehire.

If a former employer of mine ever told a potential employer that they thought I was stealing but did not file charges or a lawsuit you can bet that I would be the first one in line to sue for defamation.


Read this: http://www.safehr.com/Backgroundmate...e_checking.htm

http://www.jacksonlewis.com/legalupd...le.cfm?aid=545

Both are great links, however There is ABSOLUTELY NO LAW IN ANY STATE that requires an employer to limit themselves to confirming dates of employment.

If the employer honestly believes that a negative reference is due, then they may legally give a negative reference. In fact, there are some situations in which they could be held legally liable for NOT giving a negative reference when one is justified.

They are not permitted to say anything that they know to be untrue, or to say anything in such a way that it is deliberately misleading. But the common misconception that an employer can never say anything about your work or work habits is absolutely false.

I think you are confused as to the point of the post. We are talking about suing for defamation.

The employer must have credible evidence that OP was a thief (assuming CA laws are similar to whatever state OP is in).

It does not sound like employer has credible evidence thus I would sue for defamation. A belief may not amount to credible evidence so I would caution you in your advice.

Sorry for your confusion.

I am not confused at all, I understood and unless the OP has $20,000 up front, about two -three years and can prove that the employer didn't have a true belief or opinon that the employee comitted the offense, then the OP or whom ever is going to have an extrremely difficult ime proving it happened the way they think it did. Have seen this senerio happen way too often.

For some its about the principal and not necessarily what they can get out of it.

As for how much an attorney would cost and how many years it would take, we don't know what state OP is from. He could be from a small town in Idaho and it would be unheard of for an attorney to charge $20,000 and for a case like this to take 3 years. All speculation.

How about OP consults an attorney to find out how much it would cost and the likelihood of prevailing. This is the only way to find out if the attorney in his/her state believes that the law in on OP's side, how much it would cost and how long it would take.

As an employer, I would follow legaleagle's good advice. But also I have been prone to letting someone know if the employee has been a problem. Not because I fear the person who calls would sue me if I don't tell what I know, but because there are some people who create problems for other employees just out of pure meanness... or they destroy my desks by picking at them with pencils/etc. These are the folks that do little stuff but create big damage. These are folks I find a way to discourage and I will state exactly why in any interview. Then again, I still have to be careful to document this employee damaging my property, don't I...