Legal Question in Employment Law in New York

At my current job (retail) there's a Loss Prevention investigation occuring concerning possible internal theft for missing merchandise. I've been with the company for a total of 4 years and at this location for a year and a half as MGMT. I have a close relationship with some people on my staff so there associating that behavior as a motive for me to steal or that I'm covering up for whose actually doing it. Which is all false. I adhere to all of the company's secuirty policies and have never given them a reason to find me a suspicious employee. I have strong premoniton that its actually a higher end manager that is stealing & I've listed all suspicious occurences on paper for them. I need to be ensured that I can't be suspensed or terminated for something there is no proof of. I work for an "at will" company so I need to know how that plays into other aspects of this situation.

Thank You Very Much,

Britney


Asked on 10/07/09, 11:54 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

You have at least two issues here. The first is employment-related. You can be suspended or terminated since you are an "at will" employee. However, New York has a "whistle-blower" statute that might provide some protection if you have brought your concerns to management in advance.

The second issue is the bigger one, though. That is, if management is investigating theft, you may be faced with criminal charges. I recommend that you talk with a criminal defense attorney as soon as possible. During the investigation, you may say something (in all innocence) to an investigator, a co-worker, or someone else that could result in charges being filed against you. Your attorney can advise you on the best way to respond to questions from the investigators as well as what to say (or not say) when discussing this matter with others.

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Answered on 10/12/09, 2:59 pm


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