Legal Question in Civil Litigation in Indiana

I know Indiana is an "at will" employment state. I was terminated from my job for a supposed theft. However, even by definition no theft took place. I received a monthly gift card for $100 through my employer (a restaurant) as part of my pay. On many occasions have used that gift card to buy food for regular guests. Essentially using my pay on regular guests. In the latter part of the year I had to on several occasions re-open a closed check to change the payment to my gift card to take care of the regular guest. Either the cash or the cc payment deleted and returned to the guest. ALL items were still paid for by my gift card. They accused me of theft, even though no theft occured. Again, ALL items were paid for by my gift card. Here is where my problem continues. There is now a rumor in my small town that I was fired for theft, and it has cost me at least 1 job so far. Does this not fall under defamation by libel? How can I be terminated for theft, when no theft occured? At most, it was a policy violation. Was it not? I have lost my livelihood and potential future livelihood over this situation. Do I have a leg to stand on here? Thank you for your insight..


Asked on 1/20/15, 8:46 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

"At will" includes any reason at all, including a reason that is in no way based in actual fact, as long as it is not discriminatory under civil rights law. If your boss tells someone you stole money, and you can prove it, you may have a slander case then, but the existence of a rumor is not sufficient proof.

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Answered on 1/20/15, 8:52 am


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