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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20362
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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A man who was a general manager food chain restaurant in

Customer Question

A young man who was a general manager for a food chain restaurant in Delaware was fired for being responsible for the theft of one days income. They implied that he either stole it himself or was responsible for the money (as the store manager) even if
someone else stole it. They had video of him putting the money into the safe and no one removing it up until the security company picked up several days of income. Several days after he was fired, the security company who picked up the cash, found they had
it but had forgotten to 'log it in". The employer apologized to my friend but said they had already replace him so they would not hire him back. When he was fired, they made him sign papers that he was responsible for the missing money (under threat that they
would not prosecute him if he signed). When he later reviewed the paper work, it also said he agreed not to go for unemployment. They never pointed this clause out to him and he was not given time to read through the full document. My questions are: 1) Can
they fire him for a cause that never occurred? (I have been told in Delaware you can be fired without cause but if fired for cause then it must be a truthful cause. 2) Can they stop him from getting unemployement and if not, what should he do? 3) How can he
be sure that this will not effect his ability to get other jobs...will his record with this food chain claim he was fired for theft? He worked there for 3 years with great reviews and he must use this as a reference 4) Should he hire a lawyer to at least write
a letter asking for his job back or at least having his record changed to fire for no cause and get appropriate OK for unemployment? FYI. His boss was fired less then one week from firing him.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.

Hello,

Thank you for the information and your questions. I'll address each of them below.

1) Can they fire him for a cause that never occurred? (I have been told in Delaware you can be fired without cause but if fired for cause then it must be a truthful cause. Your understanding of the law is partially correct. The employer can terminate for any, or no, reason and with notice or warning unless a contract states differently or they terminated him because he is in a protected class under employment discrimination laws. There is nothing in the law that says they cannot be arbitrary or incorrect about the termination. However, as touched on below, if there was no valid basis for a "cause" termination, he will likely have success with his UI claim and could sue them later for defamation of character if they make a false statement of fact to a prospective employer.

2) Can they stop him from getting unemployement and if not, what should he do? No, an employee cannot legally waive their right to file for UI benefits. That is against public policy. So, he should apply and be prepared to appeal if his former employer tries to fight his UI benefits.

3) How can he be sure that this will not effect his ability to get other jobs...will his record with this food chain claim he was fired for theft? He worked there for 3 years with great reviews and he must use this as a reference

He can't be sure, but as mentioned above if he knows or suspects they are making false statements, he can file suit for defamation.

4) Should he hire a lawyer to at least write a letter asking for his job back or at least having his record changed to fire for no cause and get appropriate OK for unemployment? FYI. His boss was fired less then one week from firing him. 3 Aug

It wouldn't hurt to try to put pressure on the employer through an attorney. It doesn't mean they will change their stance, but it can't hurt.

Please feel free to ask for clarification, I would be glad to assist you further if I can.

Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 3rd. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.