Legal Question in Criminal Law in California

Re: Accused!!

Your question isn't entirely clear about what happened re: the bounced check. When the state awarded you additional money, did they know about the cash payment and the full amount? I will assume for purposes of this answer that they knew all the facts and based their award on those facts.

It seems like your old boss is committing slander by telling your friends you stole from him, but it probably isn't worth suing over -- especially if your friends don't believe him. To recover more than nominal damages in such a suit you would have to show (among other things) damage to your reputation, and if the only people who hear his statements don't believe him then your reputation hasn't been damaged. Even if they do, the costs of bringing a suit will likely exceed the amount of damages you would get under these facts.

He could try to have you arrested, but he would have to do more than tell the police that you stole from him. He would have to say what was stolen and why he believes you did it. If all he can come up with is the issue of the paycheck -- an issue which has already been decided against him -- then the police will almost certainly do nothing and the D.A. won't be interested in prosecuting someone who was dealt honestly with the state proceedings. However, your former boss is entitled to have you arrested for trespass if you come on his property despite knowing that you are banned, and if you refuse to leave. The D.A. might or might not prosecute you, but it's a real risk and I don't see any reason to take that risk.

If your old boss tells your current employer that you stole from him, that would be another instance of slander and would be a basis for a lawsuit if it results in you being fired or otherwise penalized.

If this man is so determined to make life difficult for you, you might want to just stay away from him. There is no point in antagonizing someone like this, and doing so will only make him more likely to cause trouble for you. After all, there are a lot of other restaurants where you and your friends can eat together.

Re: Accused!!

Thank you for your inquiry.

What you've described certainly sounds like libel or slander, and might be actionable against him if it causes you to lose jobs or reputation.

While the employer can ask the police to investigate and press charges, they do need probable cause, or some evidence that a crime was committed and that you were the one that committed it, to proceed further. Proceeding further in this case means recommending to the DA that charges be filed.

I hope this helps, but if you have further questions, need more information, or want legal representation, I'm happy to help in any way that I can. Feel free to email me directly at [email protected], and best of luck.

Re: Accused!!

Yes, it is slander. However, "truth is a complete defense" to slander, even if the defamatory statements are made to a future employer. So if there is evidence that you committed the theft, the former employer can make defamatory statements with impunity.

If there is any such evidence, you should hire a lawyer to attempt to resolve this with your former employer directly. Be certain that you do not try to do this on your own, nor have any non-attorney intervene for you, as the prosecution takes "witness tampering" very seriously, and would prosecute just for that.

More details are needed to give you good advise. Feel free to contact me, or contact a criminal defense attorney in your area to discuss this matter further to ensure that you do not run into trouble.

Good luck,

JACQUELINE GOODMAN RUBIO

Attorney at law

800-515-0233

[email protected]