What are my rights as an employee who’s been wrongly accused of theft and forced to sign a promisary note under duress and threat of arrest?

UPDATED: Aug 9, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 9, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights as an employee who’s been wrongly accused of theft and forced to sign a promisary note under duress and threat of arrest?

My employer questioned me about my personal finances, told me his store was financially in trouble, and then 4 days later he accused me of theft and says he’s building a case against me for the police. He withheld my final paycheck, and has told my boyfriend and a DES worker that I was stealing. I was forced to sign a promisary under duress by the police dept. What rights do I have to protect myself when I know I havent stolen anything and knowing he is professional video producer/editor? I have never been in trouble before and I don’t know my rights against the owner and police department.

Asked on August 9, 2012 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You had the right to not sign the note and take your chances on being arrested--you could only be arrested on probable cause, and only convicted by evidence beyond a reasonable doubt. Having chosen to sign the note, you are most likely bound by it. You could attempt to get out of it on grounds of duress, but be advised that is an uphill battle (duress is very hard to show; it typically takes more than someone offering to not press charges for theft if you re-pay) and you would most likely need an attorney to do so. If the amount of money is not enough to justify an attorney, you may wish to consider paying the note. If you do choose to fight it, the attorney can also advise you if, based on the circumstances, you may have a lawsuit against company, owner, or police.

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