Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was an At Will Employee at a company with over 800 workers…

Customer Question
I was an "At Will...
I was an "At Will Employee" at a company with over 800 workers and I was terminated for stealing, which I didn't do. I was with the company for over 20 years and had an impeccable work record with them. I did put in 3 different times to move up to Supervisor and was passed over for someone with less experience, knowledge, and a difference race then me. I was told that if I went back to collage for a degree I would move up. I did as I was told and it took me four years to do it. Not even 6 months later I was told I was being terminated for stealing. Now I just received a letter from unemployment that I have to pay back the money that I received, because the company said I was a theft and all the benefits are stopped. Is there anything that I can do about this.
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
6/16/2010
Employment Lawyer: RobertJDFL, Lawyer replied 8 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,318
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question. If you believe that you were terminated due to your race, age, sex, religion, national origin or a disability (the "protected classes") under the Civil Rights Act, you can file a charge with the Equal Employment Opportunity Commission, or EEOC (www.eeoc.gov). The instructions on how to do this are on their website. The EEOC will investigate your claim. The EEOC will then issue you a "Notice of Right to Sue" letter which you need in order to bring a lawsuit. There are strict time limits for filing EEOC claims, therefore, you should not hesitate in doing so. You may also wish to speak with an employment lawyer regarding a possible wrongful termination case. Obviously, I do not know all the facts here, but it's possible you were a victim of your race (losing a promotion to someone of a different race who is less qualified) and possibly even let go due to age.

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept (even if you have a subscription or deposit). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Ask Your Own Employment Law Question
Customer reply replied 8 years ago
Would I beable to file a Defamation over this?
Employment Lawyer: RobertJDFL, Lawyer replied 8 years ago
Possibly, yes. Defamation requires the publication (e.g., the making of) a false statement to a third party. Therefore, if your former employer says to a prospective new employer "Oh, we fired him because he was a thief!" you could have a claim. However, you would also have to show that such a statement was made either negligently or intentionally, that it was in fact, false, and that it caused you "damages" (which I think you've already established anyway with the loss of your job).

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept (even if you have a subscription or deposit). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Ask Your Own Employment Law Question
Customer reply replied 8 years ago
Why I ask about that was because they also put that on the termination letter that they gave me. Also I am a white man and heard that it is very hard to fight it base on race
Employment Lawyer: RobertJDFL, Lawyer replied 8 years ago
Publication of the letter to you isn't enough to sue for defamation -it would have to be made to someone else as well, like a co-worker, or a new prospective employer.

Also, the EEOC allows for race discrimination cases to be brought even if you are white and the other person is a different race. The burden you must prove, in any such case, regardless of what race you were, is that the discriminatory action, such as being passed over for promotion, or termination, was directly related to your race. For example, you might be able to prove that you were far more qualified for the supervisor job than the other person, and that other people in your company with similar qualifications were always made supervisors, but when the job came down to between you and a unqualified person who just happened to be "x" race, the job was given to them. That is certainly strong circumstantial evidence of race discrimination, and the burden would then be back on the employer to prove they had good reason to promote that person over you.

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept (even if you have a subscription or deposit). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,318
15,318 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My son was fired for harassment. He denies this. He makes
My son was fired for sexual harassment. He denies this. He makes jokes that he feels were not sexual in any way. He has worked there for 8 years, never disciplined or ever had a bad review. Never was … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was accused of stealing by a co-worker, after I punched
I was accused of stealing by a co-worker, after I punched out and was outside of the building the co-worker stopped in the hallway inside the building and was speaking to my supervisor. As I was walki… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My husband was sent home today, after working at his company
My husband was sent home today, after working at his company for several years with an impeccable record, for throwing (2) pallets in a dumpster after being told to do so by his supervisor yesterday. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was off from my job on 9/19/2014 after working thirty-four
I was laid off from my job on 9/19/2014 after working thirty-four months with the company. My supervisor kept repeating to me that the company was going to be "moving in a different direction." Four d… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was accused of stealing and terminated on Aug 23rd 2013.
I was accused of stealing and terminated on Aug 23rd 2013. I told that temporary employeees had seen me stealing items,. Did I have anything to add to this. I reiterated that I had not stolen anything… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My wife graduated from collage in 93, a few months ago she
My wife graduated from collage in 93, a few months ago she applied for a job at a pharm research company that did a background check,several days later she was told that the 4 year collage informed th… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I worked for Albertsons for 15 years and in November last year
I worked for Albertsons for 15 years and in November last year I got fired for Excessive Coupon Shopping. I have coupon shopped for YEARS. I didnt do anything different than all the other couponers di… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,253 satisfied customers
My son-in-law who is 50 yrs of age has worked for the same
My son-in-law who is 50 yrs of age has worked for the same PA company for over 20 years. His employment record has been impeccable and he has received only excellent evaluations. It seems like the com… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After 15 years working in Retail Loss Prevention, I was recently
After 15 years working in Retail Loss Prevention, I was recently fired from my employer, Rite Aid, for Violation of company policies. The reason was for recovering merchandise from a shoplifter, when … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
MY SITUATION Previous management allowed me a flexible start
MY SITUATION: Previous management allowed me a flexible start time because my disabilities make it hard to meet a fixed schedule. My work is FLSA exempt: mostly projects with no daily deadlines. Last … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
was fired by supervisor for theft with no proof which was false
was fired by supervisor for theft with no proof which was false and no suspension before termination to review with management. supervisor said i couldn't be trusted. is that defamation of character o… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I was terminated from my position as a manager at an assisted
I was terminated from my position as a manager at an assisted living facility after 6 months of employment. It was stated that I was being terminated for not doing the paper work adequately. I have ne… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I BEEN WORKING AT THIS PLACE FOR 10 YEARS AND I BECAME A SUPERVISOR
I BEEN WORKING AT THIS PLACE FOR 10 YEARS AND I BECAME A SUPERVISOR AT THIS WAREHOUSE WHERE I WAS WORKING AT, WHEN THEY CLOSE DOWN THE WAREHOUSE THEY TOLD ME THAT THERE WAS'T A SUPERVISOR JOB FOR ME A… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was falsely acused of stealing and later found not guilty
I was falsely acused of stealing and later found not guilty with a company I worked with for 20 years. They had terminated me and denied my unemployement. Nine week have gone past where they now want … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was terminated for employee misconduct for leaving material
I was terminated for employee misconduct for leaving material out on a desk, this i did inadvertently… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Lexington, KY My daughter was terminated from her job, applied
Lexington, KY: My daughter was terminated from her job, applied for unemployment and after 6 weeks of no benefits, just received a letter from the KY OET stating her claim was being denied. They never… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Myself and another employee were terminated from employment.
Myself and another employee were terminated from employment. There were positive urinalysis tests for four employees (all taken at the same time). Only myself and my co-worker were terminated, and the… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
A friend worked Part Time for a company for a year and half,
A friend worked Part Time for a company for a year and half, had 2 positive performance appraisals and received an offer for a promotion to full time with benefits. Upon acceptance of the offer, was a… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x