Legal Question in Employment Law in Illinois
my daughter was recently fired from her job. she found a gift card in the store and after 2 weeks of it sitting next to the register and no one claiming it she used it. though i know that she should have turned it in to a manager in the first place, the card was dropped in the store by the hr rep's husband and was flagged by her to see if any of their employees would use it. is this legal for her to be in essence setting up her employees?
1 Answer from Attorneys
Your daughter has two major issues: what the former employer will say to prospective employers about her termination and what the former employer will say to unemployment. I'm guessing the former employer will say it terminated her for theft or dishonest conduct. If the facts are as yhou have described them, then your daughter did not steal and any communication from the employer to any third party saying she did, is defamatory.This is a hugely important issue to address right now. Many companies report theft based terminations to third party companies which, in turn, provide this information to prospective employers. I currently have a client who cannot get a job because his former employer reported that he was fired for theft and of course, he denies he stole anything.
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