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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12925
Experience:  B.A.; M.B.A.; J.D.
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My son in law was fired from his job at a bank and the reason

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My son in law was fired from his job at a bank and the reason was that as an assistant manager, he accidentally double debited an account. He discovered the mistake and within a half an hour, with another employee as a witness, fixed the issue, reported the error and thought everything was taken care of. Almost 2 months later, he went to work one morning and was fired and the excuse was this mistake. He was let go, paid unemployment, however, the bank has pulled some punches and one of them being, that we just found out there was a case filed in 12th district court and it states embezzlement, states for $200.00 or more. Just a case number, nothing filed, nothing done, nothing reported from whom, but of course we know. What would be the reason and is this another thing this bank is pulling to bully and try to push him around and punish him? He did not know this was even there except for the fact my daughter just went into the county court web site and put our names in to see what came up. His name revealed this. Now, what do we do? Do we have a case for deformation of character?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I'm a little confused. Your facts say both there was a case filed and that nothing was filed. Do you mean that the court records show a case was filed and the computer doesn't indicate any documents filed in it?

Customer:

Yes, there is a case number, but nothing else. No assigned jury, no nothing. I am sorry to confuse you. This is surprising because when he was let go, he was told it was because of his mistake in December, which was cleared and witnessed by another employee. He was told that he could apply for unemployment and they would not fight it. They did not, but then a letter showed up from the State unemployment telling him that he filed for unemployment while employed and that is what this bank filed with the State. Paperwork was sent in to the State, who then cleared my son in law and he owed no restitution to them because all dates matched. My son in law had no idea there was anything filed, there has never been any notification of anything and this whole thing was documented, reported to superiors and witnessed. They never accused him of anything, let alone embezzlement, which is what this document stated.

Customer:

Is anyone there?

JD 1992 :

I was helping someone else but I will opt out since you chose to rate as Bad Service rather than waiting just a few minutes for me to return. I wish you and your son the best.

Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



My son in law was fired from his job at a bank and the reason was that as an assistant manager, he accidentally double debited an account. He discovered the mistake and within a half an hour, with another employee as a witness, fixed the issue, reported the error and thought everything was taken care of. Almost 2 months later, he went to work one morning and was fired and the excuse was this mistake. He was let go, paid unemployment, however, the bank has pulled some punches and one of them being, that we just found out there was a case filed in 12th district court and it states embezzlement, states for $200.00 or more. Just a case number, nothing filed, nothing done, nothing reported from whom, but of course we know.


Response 1: if there is a case number XXXXX means something was filed with the Court. However, since your son-in-law did not know about it, it means that he has not been notified of the charges or they filed and changed their mind about pursuing the case.



What would be the reason and is this another thing this bank is pulling to bully and try to push him around and punish him? He did not know this was even there except for the fact my daughter just went into the county court web site and put our names in to see what came up. His name revealed this.




Response 2: I am not sure why they did this since they were not fighting his application for unemployment benefits. However, that is the only reason that I could think of. They might have done it if someone in the ranks was trying to make a case that they should contest his application for benefits and they filed the charges to make sure that they have official record of his alleged embezzlement.




Now, what do we do?




Response 3: You do not nothing. Until he is notified of the filing, there is nothing that he can do.



Do we have a case for deformation of character?




Response 4: Unfortunately no because the case was filed with the Court, which is a privileged third party entitled to receive complaint about his alleged embezzlement. In order to win a defamation suit, you must be able to prove all of the elements of defamation. Generally, he (“you”) must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation. As you can see, you would not be able to prove all the elements here because the publication, the complaint was filed with the Court, which is a government institution where a complaint of that sort would be filed.

I am truly sorry that I do not have better news for you. I understand that it can be quite frustrating to learn that there is no legal remedy for your issue. However, as a licensed Attorney and an Officer of the Court, I am legally obligated to provide you with accurate, legally sound, and ethical information eventhough that information may be bad news.

Let me know if you need further clarification.


Thank you for your cooperation.



Customer: replied 1 year ago.


Thank you very much. I do have one more question. My son in law does have a temp job right now and is taking classes and is being hired for a job with a firm in town as a CAD operator. If they find that this on record if they do a criminal background check, could this be something that could loose him his job and if that is the case then do we have legal recourse? I feel that this whole thing should never have happened in the first place and in fact was rendered finished in Dec when it happened. Since the money was found and because it was a check entered twice, it does not even make sense for embezzlement anyway, no money was lost, just a customer's check entered twice and then when the drawer did not balance, steps taken to find out why and then the account was balanced and my son in law was told everything was balanced and fine, so you can see why we have questions and why it was rather upsetting to find this and it was a freak thing that found it in the first place, otherwise, no one would have known anything.


We just want to make sure that Greg can move on and get this new job for which he is investing money for training. along with time and effort. This move on the part of the bank's was very unnerving and dishonest and I for one would never, ever, deal with this bank. They have lost for customers our whole family. I know things go on, but even my sister who worked for a bank for over six years had never heard of anything like this being done to a person and her drawer did not balance all of the time, there are things that happen and it is your job to find out why, then take care of the problem.


Thank you for your answers to this difficult situation.


Cathy

Expert:  Phillips Esq. replied 1 year ago.

Hello Cathy: I am sorry for the delay in getting back to you. I have been offline for most of the day. I am usually on the site during the early morning hours and later in the evening, for your future reference.




Your Follow-up Questions: Thank you very much. I do have one more question. My son in law does have a temp job right now and is taking classes and is being hired for a job with a firm in town as a CAD operator. If they find that this on record if they do a criminal background check, could this be something that could loose him his job and if that is the case then do we have legal recourse?


Response 1: Unfortunately, No. Since the case was not prosecuted, it should not and ought not to be used against him. However, if some reason this shows up in his background check, then he needs to contact the prosecutor to take it off the system if for some reason it was entered in the system by accident. Nevertheless, he still would not have a case for defamation against his former employer since the case was filed with the Court, which is a privilege third party



I feel that this whole thing should never have happened in the first place and in fact was rendered finished in Dec when it happened. Since the money was found and because it was a check entered twice, it does not even make sense for embezzlement anyway, no money was lost, just a customer's check entered twice and then when the drawer did not balance, steps taken to find out why and then the account was balanced and my son in law was told everything was balanced and fine, so you can see why we have questions and why it was rather upsetting to find this and it was a freak thing that found it in the first place, otherwise, no one would have known anything.



Response 2: Having worked in the bank ages ago as a Teller, I understand where you are coming from. The matter should not have reached the Court in the first place since the mistake was discovered and there was nothing malicious on his part. However, it is what it is. He should go about his business as if the incident never occurred.

We just want to make sure that Greg can move on and get this new job for which he is investing money for training. along with time and effort. This move on the part of the bank's was very unnerving and dishonest and I for one would never, ever, deal with this bank. They have lost for customers our whole family. I know things go on, but even my sister who worked for a bank for over six years had never heard of anything like this being done to a person and her drawer did not balance all of the time, there are things that happen and it is your job to find out why, then take care of the problem.


Response 3: I quite understand your disappointment. However, since the case was never prosecuted, there is really nothing for him to do UNLESS the case shows up in a background check. Then he can take up the issue with his former employer and the prosecutor to get the derogatory information removed from his file. Also and more importantly, if the bank really had a case for embezzlement against him, he would not have been allowed to collect unemployment benefits in the first place. So, that should be a very strong evidence that he did not do anything wrong.


Thank you for your answers to this difficult situation.


Response 4: You are quite Welcome!

Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12925
Experience: B.A.; M.B.A.; J.D.
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