Can I sue for being wrongfully accused of theft?

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Can I sue for being wrongfully accused of theft?

I was wrongfully accused of stealing over 900. My boss called the cops so there was a cop present

and another employee as a witness. I broke the store policy and bought a couple scratch tickets while

working so it’s put down that I was fired for the lottery tickets. This was all the same day. On my way

home, I got a call from my boss saying she was sorry and it was a bank error and the bank had the

money the whole time. There was not a thorough investigation done before the police were contacted

and I was accused.

Asked on April 25, 2018 under Employment Labor Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, you most likely cannot sue. IF the manager had intentionally or deliberately lied about you, there would be possible legal claims, such as defamation or malicous use of process, but they generally require knowledge on the other person's part of the falseness of what they are saying or doing, or at least unreasonable carelessness as to the truth. But if the bank made a mistake and reported the wrong information to your employer, your employer acted in good faith, on reasonable information, and would not be liable.

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.

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