Accused of stealing...

[asmith0404]

What is the name of your state (only U.S. law)? KS

Recently, June 3, 2016, I was accused by the owner of the liquor store that I used to work at that I had either stolen product or pocketed cash after sales. I have been working there since roughly Dec 10, 2015 and have never been accused or suspected to my knowledge of any criminal activity in the store. I was fully entrusted with a key and alarm code to the store, as well as working Sundays alone almost the entire time of employment.

The money/product in question is referring to an alleged two 1.75ml of fireball. The owner stated that I had either taken the product or had sold the items to customers then voided the transactions and then pocketed the exact amount of money. To be completely honest I can't even recall the listed price of most of our inventory unless it's something that is sold very regularly or there is a current sale and I've been notified of the set listed price of the sale.

This accusation and thought of possible theft came from something that I had brought to the owner's attention. On Memorial Day (5/30/2016) I had been asked to fill in for the owner, spend my holiday working with which I had no problem doing. When I arrived at work, early like most days to give me ample time to check if coolers or shelves need last minute stocking of product, I noticed that we only had 1 1.75ml of Fireball out on the isle shelf, I then went and checked what our inventory system said we had on hand and the system said 8. I then checked our freezer where we keep certain liquors cold for customer preference and found 1 of the 8 1.75ml in there as well giving us 2 of the 8 our system said we had on hand. I then looked for a case/box of 1.75ml Fireball which contains 6 of them, giving us the rest of the 8. Not being able to find the case where we normally keep our back stock, I asked the owner before she left if she knew where they might be. She said that there was plenty of them on the shelf on Thursday (5/26). After taking a glance at the shelves she told me not to worry about it and that she will get it figured out later.

I then worked the next night (5/31/2016) along side a co-worker who had found the "missing case" in a spot where I'm not used to that particular product being. I asked him if that should make us good on the system then and he said yes, giving us the rest of the 8 the system said we had on hand. He was also requested by the owner to watch the security tapes over the weekend and check how much were sold over the weekend on the system.

I received a call on the following Thursday (6/2/2016) on my night of and was asked by the same employee instructed to review the tapes how much Fireball was sold the previous Saturday night(5/28/2016), a night I was working. I said possibly 2-3 but that I'm not certain. I then went into work the next evening on the 3rd of June and the owner confronted me with the accusation of stealing or pocketing cash. I was grilled for almost an hour being asked the same question over and over and was told that I made off with $60 of product or cash. When defending myself I asked why I was being accused of stealing when our system showed us having an even amount on hand. I was told that "the tapes" show 2-3 fireball 1.75ml being sold but the system only has a record of one, mind you our system still showing us to be even on product. When I asked the owner why we have the amount then that our system shows she proceeded to claim that the particular case we found that Tuesday wasn't added into the system because it came in on Friday. Which we had a lot of other product delivered the same day by the same company, yet those managed to make it into the system. I then asked her why then the system showed us having 8, and we had exactly 8 on hand. I was told that she "knew" there was a lot on the previous Thursday (5/26) and that now they are missing. So I then asked the owner to use logic, if she was accusing me of either stealing 2, or voiding the transactions and pocketing the cash to keep the totals even for that Saturday (5/28), why then after adding the case of 6 make us even with the system, and furthering the question, that if said case that came in that Friday wasn't added into the system are you only worried about 2 bottles of 1.75 fireball then when in fact 6 would be missing. (the system is only as good as the person...owner...who is entering the amounts). She had no answer for me and then proceeded to ask the same questions. I then requested that the owner herself look at the security tapes instead of taking someone else's word, as well as watch me to prove that I neither stole product or pocketed cash. She told me that it was too much work, that her cameras don't show the whole store (odd you wouldn't have a view of a cash drawer) and that her system is her checks and balances, yet we were even with the system.

Today I was informed that I would no longer be working there and to turn in my key. I again asked the owner if she had bothered to look at the tapes and she admitted that she didn't take the time but had someone look at receipts was all. So essentially I am accused of somehow producing an extra two bottles of Fireball, selling them to customers, voiding the transaction, then pocketing the cash while in full view of cameras (that apparently don't see anything).

What are my options. To me this all sounds like she's taking other people's words for it and because when I was asked how much we sold I gave a possible number, of which I never said was for a fact she's also holding onto the amount I could have misremembered, as grounds for my termination. After even admitting she didn't take the time to review the tapes and I have another employee completely vouching for me. I'm not worried about keeping the job so much as just having the security of the paycheck currently, nor would I really want to work for a person like that but, I'm more worried about defamation. I'm not a person who would leave information off of job applications and this is something I fear could effect getting a new job because I was let go for being accused of being a thief. I'm also worried about her telling customers who I've come to get to know that she fired me for stealing because again, defamation. I had never once given her a reason to suspect me of any such actions and it really hurts me personally that I could be so easily dismissed and taken as a thief, especially because my family and extended family know her kids and are friends with them as well.

 

[Shadowbunny]

What is the name of your state (only U.S. law)? KS

Recently, June 3, 2016, I was accused by the owner of the liquor store that I used to work at that I had either stolen product or pocketed cash after sales. I have been working there since roughly Dec 10, 2015 and have never been accused or suspected to my knowledge of any criminal activity in the store. I was fully entrusted with a key and alarm code to the store, as well as working Sundays alone almost the entire time of employment.

The money/product in question is referring to an alleged two 1.75ml of fireball. The owner stated that I had either taken the product or had sold the items to customers then voided the transactions and then pocketed the exact amount of money. To be completely honest I can't even recall the listed price of most of our inventory unless it's something that is sold very regularly or there is a current sale and I've been notified of the set listed price of the sale.

This accusation and thought of possible theft came from something that I had brought to the owner's attention. On Memorial Day (5/30/2016) I had been asked to fill in for the owner, spend my holiday working with which I had no problem doing. When I arrived at work, early like most days to give me ample time to check if coolers or shelves need last minute stocking of product, I noticed that we only had 1 1.75ml of Fireball out on the isle shelf, I then went and checked what our inventory system said we had on hand and the system said 8. I then checked our freezer where we keep certain liquors cold for customer preference and found 1 of the 8 1.75ml in there as well giving us 2 of the 8 our system said we had on hand. I then looked for a case/box of 1.75ml Fireball which contains 6 of them, giving us the rest of the 8. Not being able to find the case where we normally keep our back stock, I asked the owner before she left if she knew where they might be. She said that there was plenty of them on the shelf on Thursday (5/26). After taking a glance at the shelves she told me not to worry about it and that she will get it figured out later.

I then worked the next night (5/31/2016) along side a co-worker who had found the "missing case" in a spot where I'm not used to that particular product being. I asked him if that should make us good on the system then and he said yes, giving us the rest of the 8 the system said we had on hand. He was also requested by the owner to watch the security tapes over the weekend and check how much were sold over the weekend on the system.

I received a call on the following Thursday (6/2/2016) on my night of and was asked by the same employee instructed to review the tapes how much Fireball was sold the previous Saturday night(5/28/2016), a night I was working. I said possibly 2-3 but that I'm not certain. I then went into work the next evening on the 3rd of June and the owner confronted me with the accusation of stealing or pocketing cash. I was grilled for almost an hour being asked the same question over and over and was told that I made off with $60 of product or cash. When defending myself I asked why I was being accused of stealing when our system showed us having an even amount on hand. I was told that "the tapes" show 2-3 fireball 1.75ml being sold but the system only has a record of one, mind you our system still showing us to be even on product. When I asked the owner why we have the amount then that our system shows she proceeded to claim that the particular case we found that Tuesday wasn't added into the system because it came in on Friday. Which we had a lot of other product delivered the same day by the same company, yet those managed to make it into the system. I then asked her why then the system showed us having 8, and we had exactly 8 on hand. I was told that she "knew" there was a lot on the previous Thursday (5/26) and that now they are missing. So I then asked the owner to use logic, if she was accusing me of either stealing 2, or voiding the transactions and pocketing the cash to keep the totals even for that Saturday (5/28), why then after adding the case of 6 make us even with the system, and furthering the question, that if said case that came in that Friday wasn't added into the system are you only worried about 2 bottles of 1.75 fireball then when in fact 6 would be missing. (the system is only as good as the person...owner...who is entering the amounts). She had no answer for me and then proceeded to ask the same questions. I then requested that the owner herself look at the security tapes instead of taking someone else's word, as well as watch me to prove that I neither stole product or pocketed cash. She told me that it was too much work, that her cameras don't show the whole store (odd you wouldn't have a view of a cash drawer) and that her system is her checks and balances, yet we were even with the system.

Today I was informed that I would no longer be working there and to turn in my key. I again asked the owner if she had bothered to look at the tapes and she admitted that she didn't take the time but had someone look at receipts was all. So essentially I am accused of somehow producing an extra two bottles of Fireball, selling them to customers, voiding the transaction, then pocketing the cash while in full view of cameras (that apparently don't see anything).

What are my options. To me this all sounds like she's taking other people's words for it and because when I was asked how much we sold I gave a possible number, of which I never said was for a fact she's also holding onto the amount I could have misremembered, as grounds for my termination. After even admitting she didn't take the time to review the tapes and I have another employee completely vouching for me. I'm not worried about keeping the job so much as just having the security of the paycheck currently, nor would I really want to work for a person like that but, I'm more worried about defamation. I'm not a person who would leave information off of job applications and this is something I fear could effect getting a new job because I was let go for being accused of being a thief. I'm also worried about her telling customers who I've come to get to know that she fired me for stealing because again, defamation. I had never once given her a reason to suspect me of any such actions and it really hurts me personally that I could be so easily dismissed and taken as a thief, especially because my family and extended family know her kids and are friends with them as well.

Your option is to file for unemployment.

 

[commentator]

Quote: I'm not a person who would leave information off of job applications and this is something I fear could effect getting a new job because I was let go for being accused of being a thief.

For some reason, whether you were stealing or not, your employer wanted to fire you. Legally, in your at will state, she can do it. For any reason, valid or invalid, fair or not, proven or not, it is legal for her to fire you unless the firing violated an EEOC or one of those very few regulations, and that doesn't sound like the case here.

Your choice, the response to "what can I do?" is that you can file immediately for unemployment benefits. They are your only recourse when you are fired from a job in this way.

They'll be willing to listen to this whole gory "I said" and "then she said...." story. They'll listen to what you say, and will solicit the input of the employer about what is the reason you were terminated, and they will, provided you have the monetary eligibility, make a decision on whether or not you can draw unemployment benefits. Both of you will be notified.

If you draw benefits it will cause the employer's tax rates to increase, so they usually don't enjoy this. If you are fired and it is determined there was no valid misconduct reason to fire you, which it sounds like there wasn't from your story, then you will be approved. If the other party wishes, they can ask for a second appeal of the benefits approval and a hearing, after which a second decision to grant or deny benefits will be issued.

If you are approved for unemployment benefits, it will validate your side of the argument that you stole nothing, and that the employer did not have a valid misconduct reason to terminated you, she just wanted to do so and made up a reason to do it.

Many times in working for the agency, we would have this happen, and an employer would accuse the former employee of stealing. Our response was always to look at the proof they had, or did not have, and go with the more believable of the two parties. We were interested in looking at the proofs.

Many times the former employer would end up indignantly complaining that a claim had been approved, though this person stole from them!!!! (No good proof had been shown) We'd always tell the wronged employer, if you really want this person punished and you really think they were stealing, call the police and see if you can press charges against them.

As for putting it down on future applications as you mention above, I can almost guarantee that if you are "perfectly honest" with your prospective future employers and go into all this malarkey about what actually happened, versus what your employer said happened, you will never get another job as long as you live, and it would not be the former employer's fault.

Move on, and deal with this professionally. As I said, if you prevail in getting unemployment approved since you worked there, it will indicate to anyone in the know that you were not terminated for a particularly valid reason.

If you are applying for another job, say that you worked there for xxx years, and you got much valuable experience doing this and this and this, and you left xxx date, after a disagreement with the employer. You DID have a disagreement with the employer, concerning whether you stole Fireball whiskey or not, after all these years, you suddenly revealed yourself as a Fireball thief, but you do NOT go into this with another prospective employer.

Very few employers will be brave enough or foolish enough to give a reference about a former employee which said he was "fired, accused of stealing" at least unless it had been litigated. Any responsible legal counsel would probably advise them not to do this. Most former employers will only confirm that you worked there, and the dates of your employment.

Is there someone besides your direct employer that you can ask to provide you with a reference from that job? If not, do not give references from that job? If so, I'd contact them and ask if you can use them as a reference in my job seeking. If they were to begin slamming you by trying to give very negative references, you could always get an attorney to write a cease and desist letter to them.

But there's no degree of honesty that would require you to reveal this yourself unless you had been charged and convicted of some criminal wrongdoing related to it that they might ask about in the application process. Try to emphasize the positive aspects of this job where you spent a very long time, duties performed, commendations, etc. and stay away from being "perfectly honest" about the final issue that caused you to part ways with them. That's not required, it is stupidly telling the employer bad things about yourself that will make him question whether you might be a problem, and will keep him/her from giving you the benefit of the doubt.

Most people are completely involved and embroiled in whatever workplace drama is going on at the job they have had. But a word to the wise. Too much of this "I said" and "then she said..and then I said...." only makes you sound guilty. It sounds like somebody who has worked very hard to completely get their story down pat so that they can explain every little irregularity and have removed all possibility of their being found guilty. It will be okay for the telling in unemployment filing, but then it needs to go no further. If you were to be prosecuted for this theft, get an attorney, don't try to defend yourself.

Otherwise, move on and file for benefits, begin looking for a new job immediately.