Legal Question in Employment Law in California

In writing

A few weeks ago I was accused of stealing some items ($900 value)from the store I was working for. The security investigator told me they did some investigating and everything points to me taking the items - there is no video evidence. He told me that if I did not confess to it and put it in writing exactly as he tells me to that the company would take this matter ''outside'' the company - which I assumed meant calling the police and having me arrested. So not knowing what else to do and being very scared I went ahead and said ok I'll admit to it and I put it in writing as I was TOLD to do! I was then informed to pay back the amount the items were valued at. I did! I was fired from the job. Now I am being told by friends that the security investigator frightened me into a confession and that if the company decided to pursue the matter legally they would have a difficult time getting the courts to have me put in jail since I was fired from my job and already paid back the amount - punishment enough! Can my former company inform a new company I may work for why I was fired? Is it legal for people who may know each other from these companies to exchange info off the record and somehow my new company finding out and then fire me!


Asked on 5/31/04, 10:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: In writing

A confession is a confession, regardless of your situation. Therefore, the company can always tell the 'truth' to prospective employers, since truth is a defense to slander. However, you are in a situation where it may be possible for an attorney to get them to at least not disclose anything, under threat of lawsuit. Nothing can stop 'friend to friend' off the record discussion, which you would never to able to prove took place. If you want to try to salvage a little from this damage, contact me to discuss your options. If you lie to a new company about the reasons for termination from the old, they can fire you for 'fraud' if they find the truth.

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Answered on 6/07/04, 8:07 pm


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