Is it wrongful termination??

UPDATED: Sep 30, 2022

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Is it wrongful termination??

I was fired because someone purchased something with a stolen card. The owner gave me 2 choices, to either pay it back or go to jail for fraud. I can’t afford either so he’s trying to make me sign my last check over to him.

Asked on September 24, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Unless you have a written employment contract, you are an "employee at will" and may be terminated at any time, for any reason, including unfair ones, like a customer using a stolen credit card. If you don't have a written employment contract, you have no protection for your employment.
2) You can refuse to sign over you last check or otherwise repay your employer (though, as stated, he does have the right to fire you). If he feels you were at fault in this situation (e.g. failed to check ID or otherwise verify that the card was this person's) and wants the money, he could try to sue you (e.g. in small claims court). Only if he does sue and proves in court that it was your fault can you be forced to pay.

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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