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Work theft

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smith.adrian77@

Junior Member
What is the name of your state (only U.S. law)? Massachusetts,, in going to try to make this short as possible,I work at a restaurant,and one of my coworkers that I'm friends with got caught stealing something that was concealed in my hoodie,(yes my hoodie) which was in the breakdown,now I was ready to vacuum and he came to pick me up and he was lingering around the back while I was finishing up and to make a long story short minus a few details I was going out for a smoke and he started walking behind me(about 10ft) we were still in the restaurant so I stopped to tell my manager I'm going out for a smoke and he continued to walk out so as I walked out he was ahead of me at least 50ft or more,it was a pretty good distance and behind me came the manager yelling his name saying I saw what you had and he turns around and that's when I saw he had a bag of chicken wrapped in my hoodie,and they send us both home,now we had to go in and write a statement the next day and he clearly stated I had no idea about stealing the chicken and that he grabbed the first hoodie in the break room to conceal it,unfortunately it was mine, I had no idea he was doing it and I get suspended also,I had nothing on me I just know the guy,can I get fired for theft without stealing anything or having no part in someone else's doings? Guilty by association is what I would say
 


justalayman

Senior Member
the timing of you and him along with the fact he coincidentally used your hoodie on top of you being friends on top of the fact, apparently, he wasn't even on duty at the time but had come to pick you up is suspicious and then in addition you stopped to tell the boss you were going out for a smoke where you took long enough the thief walked 60 feet (like in you were distracting the attention of the boss so your friend could walk passed the boss without the chicken being seen) If you were simply telling the boss you were going out for a smoke I'm sure he would have preferred you didn't waste the time it took to stop, long enough for friend to walk 60 feet (where I'm sure he was walking casually in an attempt to not raise suspicion) rather that simply hold your hand up in the universal "V" gesture as if holding a cigarette and as you walk by, saying; going out for a smoke.



Could it have happened with you having no idea? Sure. After all, there were 3 winners of that giant powerball but the odds of 1 person winning was something like 292 million to 1. I have no idea what the chances of having 3 winning tickets.


so could your story be true? Sure. The boss is apparently thinking the odds are that it isn't.

can you get fired? Sure. The boss doesn't need a reason to fire you.

so guilty by association? Maybe but even from here it looks more like guilty because you were complicit in the attempted theft.
 
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commentator

Senior Member
You can file for unemployment while looking for another job. Assuming that you've got enough covered wages in the last 18 months or so to set up a claim, they'll ask for the reason you were terminated. You tell them the story, and they contact the employer for their version of the story, and the unemployment system will make a decision on which of you is "most believable." Then, approved or denied, the losing party has the opportunity to appeal the decision and have a hearing, at which both versions are re told and re examined, and a second decision is made.

Legally, you can be fired for just about anything. That you are an associate of someone who tried to steal something is good enough for them if they want it to be. The only recourse you have is unemployment benefits, possibly.
 

smith.adrian77@

Junior Member
Thank you for your response I know the story is crazy but it is the truth it's just the way it went is a little harder to explain than actually how it happened,but the overall odds I'm sure the odds of what happened and the odds I had nothing to do with it are alot better than that but thank you for your insight
 

justalayman

Senior Member
Thank you for your response I know the story is crazy but it is the truth it's just the way it went is a little harder to explain than actually how it happened,but the overall odds I'm sure the odds of what happened and the odds I had nothing to do with it are alot better than that but thank you for your insight

The only odds that matter are the odds the boss has in mind.
 

OHRoadwarrior

Senior Member
OP did not find it suspicious someone else took his hoodie? I think it is clear what happened. Did you file theft charges against friend for taking your hoodie?
 

commentator

Senior Member
As they said in those old cowboy movies, I think the employer may have perceived that they were in cahoots with each other.
 

shegerianlaw

Junior Member
Legally, you can be fired for just about anything. That you are an associate of someone who tried to steal something is good enough for them if they want it to be. The only recourse you have is unemployment benefits, possibly.
 

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