Legal Question in Employment Law in California
assault, battery, false imprisonment, wrongful termination of employment, defama
my employment was terminated quite recently by employer on the basis that i undercharged and overcharged retail customers in their purchase of goods.
during and after questioning by two (2) loss prevention department employees of employer, I was battered, assaulted, defamed, and falsely imprisoned in public by mentioned employees.
employer in question had specific authorized provisions available to me and other retail salespersons at computerized point of sale terminal, in order to adjust on either upside or downside retail selling price amounts in cases of retail price ticket discrepancies occurring between prices marked on goods displayed to public and prices marked on goods stocked in stockrooms.
although i pleaded my case to employer that these various price adjustments were fully authorized by employer's own policies and procedures, employment was nevertheless terminated.
do i have a case against former employer on any of above stated causes of action, or any others?
2 Answers from Attorneys
Re: assault, battery, false imprisonment, wrongful termination of employment, de
The issue arrises whether or not it was a lawful detainment as to the physical torts; that is the defense merchants raise in these type of cases. The defamation may be viable as the defendant would have to prove that the statements made were true. Wrongful termination is a cause of action which needs a violation of public policy for it to fly. I would be happy to look at this case for possible representation. Please contact me directly at (619) 222-3504.
Re: assault, battery, false imprisonment, wrongful termination of employment, de
I agree with Mr. Bravos that you may have a defamation and false imprisonment claim. The violation of public policy claim he referred to would require that you establish that the real reason for the termination was retaliation against you for doing something the law required or because you refused to do something that would have been illegal. It sounds like your best shot would be a defamation claim. If you are in the Los Angeles/Orange /Inland Empire area, you can call my office for more information. 800 386 3860.
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