Legal Question in Civil Litigation in New York
Wrongly accused
I was previously employed at a chain supermarket dele dept. in nys where I reside. A fellow employee was caught discounting merchandise and in the prosess of loss prevention questioning he threw my name along with another co-worker in which I believe was an attempt to save his own job. The following day me and the other employee where questioned in relation to issue of theft. I must remind you that I work in a deli where we have to weigh merchandise before sale and are constanly throwing away ends. Point being it is the hardest department to maintain proper inventory due to all of the unspecified practices that all employees partake in. I wrote a statement in my defense where i breiefly explained what me and the manager had talked about as ,he asked, and then followed it up by the above deffense and stated is I had to place a dollar value over the entire year I was employed it could not have been more than $20, and that I would never have intentionally tried to do harm to the stores prophet.
Yesterday a letter arrived by an attorney representing this supermarket threatening a civil suit if I did not pay $100 in 20 days.
I was wondering if it was worth battling the suit and what are the possible outcomes?
Thanks 4 your help.
4 Answers from Attorneys
Re: Wrongly accused
That's outragous. Its highly unlikely that the store will actually take the time or spend the money to take you to court. I would not pay unless it might cost you your job. If the store did sue you or fire you I would go to the TV news stations. Save the letter.
This response is not meant to provide legal advise as there is no attorney-client priviledge.
Re: Wrongly accused
I would be very cautious about agreeing to this extortion. First, if you do settle, the store can take it as an admission of guilt which can affect your job status as well as your ability to secure future employment.
It is unlikely that you will actually be sued over $100, (It will cost them more to bring the litigation), but should they they would have to prove that you stole, and it will bei mpossible to do so based upon the facts you present.
If you are represented by a union, you should speak to your union rep immediately.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Wrongly accused
While I agree with the two responses already posted, I would recommend sending the bill back to the attorney with a note stating that you dispute this outrageous bill and that you do not owe anything to the store. Keep a copy of the letter and your response.
If you would like to discuss this further, feel free to call me at 516-256-7737
Good Luck
Rachel Yosevitz
Re: Wrongly accused
Yes it is worth fighting. If you are not employed by this delie anymore, you have no concern about being fired.
In order to sue you for $100 in NY, the store will have to sue you in small claims court where you can represent yourself for free.
In order to win they will have to prove the theft, and you have a reasonable defense.
The attorney will cost them money as will the suit.
If they have actually accused you of theft, as opposed to misplacing inventory or something similar, and it has been "published" in the community and damaged your reputation, you may have a defamation suit against the delicatessan.
Don't start threatening them, but keep this is mind. If you live in the Long Island Area, or in NYC, and you want further advice feel free to email me or call. Were you fired as a result of this? When did it happen?
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