What to do about a theft at work accusation?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do about a theft at work accusation?

I have been accused of stealing 5 rings from my old job – I didn’t do it. They are holding my paycheck and telling all the customers that I stole the rings. What do I do? I’m going to talk to the detectives to see what they are saying but I really didn’t do it. And I have no criminal history at all.

Asked on August 12, 2011 Indiana

Answers:

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

Answered 10 years ago | Contributor

First of all, without actual proof as to your being guilty of the theft, your employer's statement is most probably defamatory.  This is it has made untrue statements of fact to third parties. This is legally actionable (at least until your guilt is proved). Secondly, guilty or not, you employer has no right to withhold your paycheck; payment of your salary and your possible criminal activity are 2 entirely different matters. You can file a claim with your state department of labor regarding the withholding of your paycheck.

However, far more problematic than any of the foregoing is your upcoming interview with the police. Under no circumstances speak with the police without having an attorney with you. You could inadvertently say something incriminating about yourself regarding this incident. The fact is that you are under no obligation to go in to speak with them (even if the police come to your home you do not need to speak with them).  Their questioning you without your having a lawyer present is to their benefit. Make no mistake, if they can they will try and get you to implicate yourself.  So no matter how friendly they may appear,or conversely no matter how intimidating and threatening they seem, do not speak to them without legal counsel. 


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 AttorneyPages.com 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