If I was arrested at work for theft and I can prove that I wasn’t there, can I sue?

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If I was arrested at work for theft and I can prove that I wasn’t there, can I sue?

The company and the police did not have any evidence; all they had was a statement from someone that says they overheard me talking about it. I can also prove that I was at home 300 miles away when they crime occurred. After I posted bond, the company would not allow me to get my personal belongings, including my truck and ID. I had to call the police to get my truck but had to drive all the way back to get my stuff. The company said my stuff was still under investigation – not true. Do I have a legal leg to stand on?

Asked on February 21, 2011 under Personal Injury, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One of the hurdles you'd have to overcome is that lawsuits are intended to provide compensation for actual damages or losses--and inconvenience does not count as on a loss for this purpose. So if you have not suffered some monetary loss, you have nothing to sue for, and even a small loss (e.g. the cost of having to rent a car for a few days) is probably not worth suing.

Second, the fact that someone caused  you injury does not automatically give rise to liability. If the party causing you injury acted in a reasonable way based on the evidence, it is probably not liable.

If you feel that based on the evidence, that your employer's actions were not reasonable and that you incurred enough of a loss to make it worthwhile to sue, then you should consult with a personal injury attorney, who can help evaluate and quantify your case. Good luck.


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