Can I lose my job over an incident that I had nothing to do with just because I was present when it took place?

UPDATED: Aug 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I lose my job over an incident that I had nothing to do with just because I was present when it took place?

I work at a fast food restaurant and recently a customer found a writing pen in her food. I was the manage on duty but I was not making food. I know that it was a complete accident, no one I work with would do anything like this on purpose. The customer was very angry, filed a police report with our local police office and is planning to sue. She was not injured at all, but has kept the pen as evidence. My question is, if she sues, is my job safe?

Asked on August 20, 2011 Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm afraid that will be up to your employer. That fact is that unless you have an employment contract, union agreement, or company policy that prohibits such action, you could be terminated. Actual fault has nothing to do with it. The reason is that in most states employment relationships are "at will" and OH is no exception. What this means is that an employer can hire or fire someone for any reason or no reason at all, with or without notice. 

Hopefully, the customer will cool off. If she wasn't hurt than she has no damages to sue for. Although your employer can still take action as it sees fit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption