What should I do if I am being forced out of my job because Imistakenly accused a customer of stealing?

UPDATED: Aug 30, 2011

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What should I do if I am being forced out of my job because Imistakenly accused a customer of stealing?

Company suspended me with pay while they investigated the complaint. Company is giving me the option to resign and they are pushing that saying it would be better for me. Is that because they are afraid I will sue them?

Asked on August 30, 2011 New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, do you have an employment contract? If you do, and it addresses investigations, discipline, or being terminated, then it's provisions  may be enforced, and the company can only take action against you in accordance with the contract.

However, if you don't have an employment contract, you are an employee at will, and an employee at will may be fired at any time, for any reason--even an unfair or mistaken one. So if you are an employee at will, you almost certainly can be fired, and your company most likely does *not* need to fear a lawsuit, since they would have the right to fire you.

Rather, this is probably for one of two reasons:

1) if you resign, you are not eligible for unemployment compensation (even if your employer asked you to resign), and so it won't affect their unemployment history or assessments;

2) internally, it may be easier for your supervisor (whomever is pushing the resignation) to have you resign, than go through whatever their paperwork and process is for termination.

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.

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