If I was falsely accused of employee theft, can I challenge this and keep the accusation off my record?

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If I was falsely accused of employee theft, can I challenge this and keep the accusation off my record?

My manager has already approached me and asked me to sign a statement confessing the theft. I refused to sign the document but was told that “employee theft” would still be put on my record. Is there any way of avoiding this black mark to possibly save my future job possibilities. I am only 18 years old and I do not want to start my working life like this.

Asked on June 25, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no central repository for employment history, so prospective employers will not even know of this job unless you tell them. You cannot make them change their internal files or records, so the best thing to do may be to simply omit this job from your resume or employment history.

If you don't want to or can't do that, as noted, you cannot prospectively make the employer change its file. What you can do is to inform them (preferably in writing, some way you can prove delivery, such as certified mail with return receipt) that you did not steal, do not agree with the accusation, and that if they state to anyone that you did steal, you will take the appropriate legal action, such as suing them for defamation (which is making false, negative factual statements about a person to others). Hopefully, that will discourage them from trying to claim that you stole; and if they do defame you, you could sue them for monetary compensation.


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