Legal Question in Employment Law in California

I was fired last night for an innocent mistake that happened 2 months ago at my company. Was accused of stealing a $25.00 gift card that I forgot to turn in. I did not get arrested because the card was last used over 30 days ago but they say it could still go to court. What do I do? I was a manager there for 4 years, carried keys that held me responsible for $1000's of dollars, high ticket items, a manager swipe card that could over ride anything and had NEVER been investigated and LP even told me this.


Asked on 1/26/12, 10:13 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Your termination may have been cold, callous and unfair, but it is not illegal unless you had a contract with your employer that limited its ability to fire you or it fired you for an unlawful reason. Such is the world of "at-will" employment.

Which begs the question, do you believe there was some other reason you were fired? If so, and you believe that reason may have been an unlawful one, such as age (over 40), race, gender, or any other classification or activity that may be protected by law, you should consult with an experienced employment law attorney for a more detailed legal opinion.

And, no, I do not think you will be prosecuted for an innocent mistake involving $25.00.

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Answered on 1/26/12, 10:27 am
Terry A. Nelson Nelson & Lawless

At the time of your termination interview, you should have presented all your arguments and pleas, trying to soften the action, or negotiate and seek something other than 'misconduct firing' on your record. If they put that down and oppose your unemployment benefits, you would be denied benefits. You can appeal a denial and try to convice the appeal hearing officer.

I doubt any criminal charges would be filed over such a small amount. However, if you need to and are serious about hiring counsel to help in this, feel free to contact me.

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Answered on 1/26/12, 1:53 pm


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