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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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I work for Dunbar Armored in Charleston,SC as the vault person

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I work for Dunbar Armored in Charleston,SC as the vault person in the mornings and a second crew comes in the pm hours. The majority of money is counted during the day and is under dual control mainly. I have just been accused and suspended from my job because of 10K missing from the vault and can not be found, but the paperwork that I report had a mistake of error and and I know that this could be where this money is missing. The higher management does not want this information and instead chose to believe that I actually took this money. My question is ,what type of lawyer do I get to prove this job that I am not a thieve and possibly get compensation for there actions?
Submitted: 5 years ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 5 years ago.

Dear luccia

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question. In addition, there often are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature.

 

That being said, in order to better assist you, could you please clarify for me:

 

Is there a written employment contract that was executed at the time of, or subsequent to, your initial employment with Dunbar?

 

I look foward to assisting you.

 

Sincerely,

 

Stephanie O. Joy, JA Legal Expert

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

 

Legal Disclaimer. By requesting information from me, you expressly agree to the following: The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may or may no pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

Customer: replied 5 years ago.
If you are referring to a job application, yes.Prior to being hired with Dunbar,I worked for another armored car company (Loomis)for 7 years,and did not have any problems in regards XXXXX XXXXX currency for any customer,financial facilities,or the Federal Reserve. I left Loomis in search of a better quality of management and instead I have been treated as a criminal.I placed an application at Dunbar armored as a driver/guard and due to my experience with Loomis(as a supervisor)and not(vault f/t)I was told at Dunbar that I was to valueable to be on a truck and was placed inside the vault instead.I had no training for this position and it was already a mess inside the vault with money already missing,reports falsified by Columbia vault,and as of today it continues to be this way.I have been very hesitate of this position and not to mention,by MYSELF inside this vault from when I started.
Expert:  AlexiaEsq. replied 5 years ago.

Dear luccia,

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

It does sound like a nightmare job situation. I was not referring to an application, but an actual contract, so I shall presume you did not have one - certainly not one that dictated any restrictions on when your company can otherwise suspend you/fire you, etc. Because of that, in the eyes of the law you are in an "at will" employment relationship.

Generally, if there is no written employment agreement to the contrary, the employer has discretion to dictate the terms of employment; this would include promotions, job changes, lateral moves, salaries, etc. "At will" also includes the mutual right of employee and employer to terminate the relationship at any time, without notice, and for any reason. The only exception is that the employer is more limited in that "any reason" for termination or for differential treatment can not be due to reasons of illegal discrimination, such as discrimination based on race, religion, gender, age, disability, etc.

 

What this means for most of us, is that the employer can, unfortunately, yank us around quite a bit. It can change its minds, make mistakes, remedy them as it sees fit or not remedy them, etc. at its convenience, and the only real recourse we have is to end the relationship if we don't like it. It is a rather hollow right, I know, considering how much harder it is for employees to obtain other suitable employment, than it is for an employer to get a new suitable employee.

 

I wish the law were a bit more geared toward the employee, but it seems that employers lobby Congress and state legislatures while employees don't (for obvious reasons).

 

So, while I don't see any avenue there, there is a slightly different vein you might want to pursue: Someone accused you of stealing, someone made a false statement about you, to a 3rd party (employer) and it damaged you financial, in additon to your reputation. You may very well have a cause of action against that person for defamation - not only could you recoup your financial losses but it will teach the irresponsible speaker to confirmm his facts before shooting his mouth off. While these are not the simplest of cases, it is certainly worth looking into.

 

Let me know if you need some clarification and I wish you the best.

 

------------------

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Sincerely,

 

Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up if needed. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11709
Experience: 19+ Years of Legal Practice in the Employment law arena.
AlexiaEsq. and 3 other Employment Law Specialists are ready to help you

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