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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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Last Friday, my girlfriend was called in by her manager. She

Customer Question

Last Friday, my girlfriend was called in by her manager. She was demoted because the owner's son said she lacked the intelligence of performing her job. She helped another employee and left for the day. She met me to pick up my car at a local repair shop and went back to work to make sure everything was locked up. Monday morning, she went to HR and filed against her manager and son for demoting her on the basis of opinion. She's never been written up, and her manager has looked over her over her work and has been very satisfied. After she talked with HR, she went back into the lab and the boss's son was complaining that machines weren't working in the lab. The cops were called and an incident report was filed. Her manager said she didn't blame her for the problem, but the cops are. There are no formal charges, but they are investigating her part, and my part in this situation. I have been called 8 times today about my involvement. Should we be seeking a lawyer for our defense?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Cedric replied 5 years ago.
My primary advice is that you are under no obligation NOR should you say ANYTHING to the police officers regarding the incident. As they are most likely recording the statements and/or could write them in such a way that a D.A. could allege that they are self-incriminatory.

In the meantime, your gf should file a claim with the EEOC, at

www.eeoc.gov

alleging that she is being subject to disparate treatment because of a protected characteristic, namely her gender. Furthermore, she can allege that due to her complaints with HR, she has now been subject to extreme retaliation for exercising her rights, including the filing of a false police report against her.

My best advice is just refuse to saying anything else to the police officers and wait for the EEOC to look into the matter. If she is terminated before either the police or the EEOC, finish their investigation, she can file suit against her former employer for retaliation against her for filing a complaint, which was fully within her rights.

You do have a right to have a lawyer in any stage of criminal proceedings, but since nothing has been filed as of yet, and as you suspect, it appears that the police are still looking for more evidence to try to support blaming your GF, you may want to retain a lawyer, but it won't be necessary to have a criminal lawyer ir/until charges are filed. And if they are, depending on your and her economic circumstances, she may be entitled to free representation by a public defender, if you would prefer to save your money in the interim.

Primarily, I give you this advice based on my own current client's experiences, in which his employer has attempted to file a police report against him, even though his employer owes him money for breaking the law and failing to pay him all the wages he was due upon termination.

Please let me know if you have any further Qs and best of luck!
Customer: replied 5 years ago.
She has already been terminated effective Monday around 11 AM. She has already talked to the police about the situation. I have not wanted to talk with the police because I don't want to unwittingly give them information that would be beneficial to them. Does not offering information in any way imply guilt in a prosecution's eyes? Can filing with the eeoc impact anything negatively?
Expert:  Cedric replied 5 years ago.
Apologies, I misunderstood your first question. NO, it doesn't implicated your guilt in any way to maintain your right to be silent, just as it doesn't imply that you're guilty if you refuse to allow a cop to violate your search and seizure rights and conduct an unwarranted search of your house without probable cause. <br /> <br

/>Actually, it is grounds for a mistrial, if the prosecution were even to IMPLY that your silence implicated your guilt in trial, or that something that you said implicates that you are accusing a police officer of lying. \

It is your constitutional right to speak to police or not to, and it does not implicate that you are somehow guilty when you are merely exercising the constitutional rights to which all Americans are entitled.


Your gf should get on that suit pronto, too. Especially because they are probably attempting to avoid paying unemployment by claiming she was terminated for 'cause,' which is still their burden of proof.
Expert:  Cedric replied 5 years ago.
sorry to be a bother, but could you please hit accept if you have no further questions. thanks again!
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
Cedric and 11 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
No problem, I was just reading through everything. She is in the process of filing and will call tomorrow morning. THank you so much for your help!
Expert:  Cedric replied 5 years ago.
Sorry. No worries! Please let me know if I can help further. You can repost here after you accept for free! Good luck with everything, seems like you guys are really being victimized by her employer and possibly the police. If charges are filed, you may have a good case against the police for misconduct or collusion if they did anything on the employer's behalf.
Customer: replied 5 years ago.
My gf went and talked to a lawyer. The lawyer said they are most likely waiting till friday to arrest her and charge her with malicious destruction of property.

His suggestion was to do the following: Hire him ($1,000 up front), take a polygraph test, and then pay him ~6,000 to take the case. He said he knew nothing about the EEOC or if filing will just aggravate this situation more. He used to work for the local DA.

My gf talked to another attorney out of town and was told it would be, as you stated before, best to file with the eeoc.

Do you think getting a lawyer is at this point in time the best idea. The person investigating calls her and I every couple of days trying to find out something new. She doesn't want to escalate the situtaion herself if there is no need to. However, she was accepted to pharmacy school in the fall, and doesn't want this affecting that in any way.

If you need to know anything else, let me know.

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