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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am being falsely accused by my employer of theft, which I

Customer Question

I am being falsely accused by my employer of theft, which I am 100% innocent of. I have asked for an audit and not sure what my next move is.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: They are claiming credits, or returns, to my corporate card I stole through some elaborate scheme, something they have provided to proof on how they came to this conclusion
Submitted: 12 days ago.
Category: Employment Law
Expert:  Marsha411JD replied 12 days ago.

Hello,

Thank you for the information and your question, however, in order to assist you I will need to know what exactly the employer has or is doing about this issue in regards ***** ***** In other words, in order to discuss a "next move" I need to know the context of what is happening. Are they wanting repayment, terminating you, filing criminals charges, what exactly? Are you in a union or is there a contract that covers the corporate card issue?

Customer: replied 12 days ago.
They have not officially terminated my employment as of yet. HR asked me to sign a promissory note for the amount they "allege" I stole, which I strongly disagreed with, and I had them write on the note a stipulation that they will run a full audit because I disagree with the amount. It was initialed by myself and HR person.
Their whole case is centered around their belief that I somehow pocketed the proceeds from returns (I work for a big retailer in their corporate office). They printed out two years of statements, they did not pull any expense reports which show the returns offsetting current charges, and pointed to all the credits on the list, had another lady in a different room add up all the credits, and that's the figure they are saying I owe.
Expert:  Marsha411JD replied 12 days ago.

Thank you for your reply, although I don't see where you addressed the issues of whether or not you have a contract that covers this issue and also whether there is some specific step that your employer is taking that you have a question about. From the information that you provided, it appears that you already signed a promissory note, which is an admission that, at least in part, you owe the employer money. At this point, you can't unring that bell. If you had not already signed the promissory note, I would suggest that you consider refraining from making an admission of owing any debt, which includes signing a promissory note, until the employer provided you with all of their evidence of the debt.

The employer may choose to perform an audit, at this point they don't have to, especially if you signed that promissory note. Certainly if they were to file suit or refer this as a criminal complaint, you would ultimately be able to force them to produce proof. However, from a job retention standpoint, they can terminate you without any proof of misconduct if you are employed "at will" which you would be unless you are in a union or have a written contract that states otherwise.

If you have specific questions, I would be happy to answer them, but at this point, without knowing exactly what specific information you are looking for, the information I have provided covers what I see as issues thus far.

Again, please feel free to ask follow up questions. If none, then if you could leave a positive rating of my efforts to address the issues you have raised, in the ratings box on this page, the the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 days 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 13th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.