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bradman70's avatar

Wrongfully accused of theft, what can i do?

Asked by bradman70 (43points) February 12th, 2011

I was recently let go from a vending company for tardiness. I hadnt gotten paid from the boss for a few weeks. I tried to get my pay after i left and was ignored. I kept trying for it. He finally told me i had to “wait because the ATM compay is doing an investigation for theft”. I told him i never stole from him and i need my pay. He basically said if i try to collect my pay he is going to press charges for theft. I told him again i never stole from him. He said they caught me in a “sting” and that they caught me “red handed”.
He refuses to tell me what evidence he has, I never stole from him. There are 4 people that have the combination to the safe on the ATM. I easily could have been framed for theft. How can i prove im innocent?

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17 Answers

everephebe's avatar

He’s bluffing, because he doesn’t want to pay you, probably. It might be prudent to talk to a lawyer though.

john65pennington's avatar

Talk is cheap, on the part of your employer. Make him prove his insinuations against you or take him to small claims court for your salary.

If he had proof of your stealing from his company or an ATM machine, make him prove it or contact an attorney for defimation of character against you.

Being tardy is one thing, being accused of a crime is serious.

I would not let this go. It’s your future.

cazzie's avatar

I would force his hand. He’s trying to get out of paying you your last pay, and he’s probably stole the money himself and has written some report about having to dismiss an employee for theft. If you didn’t do it and can prove it, force his hand.

iamthemob's avatar

You don’t have to prove you’re innocent – they have to prove you’re guilty.

If there isn’t anything strange going on with your finances – then anything they have is coincidental.

Write them demanding your pay and stay on their asses – and start looking at stuff like this.

lillycoyote's avatar

As @iamthemob says, you don’t have to prove your innocence, they have prove you’re guilty. Your employer has no right to withhold your wages. You can start with writing a letter demanding your pay and if that doesn’t work or if you just want to start there, you should contact your state’s Department of Labor. Here’s an article that gives a general overview of the process, though the details might vary from state to state (I don’t know what state you live in), but your state’s Department of Labor they would be the agency responsible for enforcing wage and labor laws.

bradman70's avatar

My main concern is guess i forgot to mention is that i dont trust my previous supervisor. I feel he is the one stealing. He is the one who supposedly set me up in the “sting”. What if he really stole money after i filled the ATM and blamed it on me. The CEO belives he can do no wrong. Then what? What if the CEO truly beleives i stole the money because the supervisor set me up and framed me?

marinelife's avatar

Contact an attorney right away.

iamthemob's avatar

@bradman70 – Anything is possible – but if they didn’t do it, they’re depending on your fear. Do what @marinelife says – check with your local state bar association and they’ll point you to some good sources (just google your state name and “bar association”).

Just know that if this is a bad faith claim, etc., they’re breaking the law.

Cruiser's avatar

A vending company is an all cash business and my hunch would be this boss of yours is knee deep in all sorts of shady dealings and I would let him know you will be going to the authorities if you don’t get paid right there and then. I bet he changes his mind than risk having state officials investigating him for employer fraud.

Bellatrix's avatar

If he really had evidence, why would he be prepared to drop the case if you didn’t push him for your wages? Surely he would want to continue with the case? He sounds like he is threatening you because he doesn’t want to pay your wages. Get some legal advice.

perspicacious's avatar

Sue him for your pay and ignore his “we caught you red handed” comments—that is, if you didn’t steal anything. Courts and juries hate employers like this.

bradman70's avatar

Thank you all for the responses. I kinda figured he was bluffing, but its hard to say. Im not sure if he is making it up to get out of paying me or if the supervisor stole the money and blamed me. The boss might honestly think that i stole it because the supervisor is putting on a good game face. hes not calling the police because he is involved with other shady stuff. I truly think he knows something though. I would love to figure out a way to investigate this myself. He said “the atm company is doing an investigation”, maybe i can call the ATM company and ask them about the investigation. See if he is bluffing about that.

iamthemob's avatar

@bradman70 – You’re beyond the point of dealing with it yourself. Your concern indicates that you should investigate the possibility of contacting a lawyer. Also, you should contact your state and federal agencies about issues surrounding wrongful termination and wage violations.

bradman70's avatar

what about “defimation of character”? I think more than the fact that he owes me $800 is the fact that he is labeling me a thief. good call on wrongful termination. i didnt think about that.

iamthemob's avatar

@bradman70 – Talk to a lawyer or an agent about what’s available – but note that defamation generally requires that any statements be made to third parties, and that the statements have to be proven as known to be false.

Pandora's avatar

He’s bullshitting your because he probably already took your check for himself. If you could go over his head than I would. He has no legal claim to your money. If he had proof than you would’ve been charged already. Sounds like he is just trying to scare you away so he doesn’t have to pay you. Plus he would’ve originally fired you for theft.
Take his ass to court.

sheena2011's avatar

I agree you must get a lawyer my employer done the samething to me he said that i never send the i pad back after conducting the survey for them and i have the proof that they got everything in perfect condition and they want to cut my pay

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