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dj660
12-06-2005, 09:47 AM
My daughter was just told she could resign or be terminated as the restaurant she works for in Indiana has evidence of her stealing from the bar when she bartended. She has never done this and is innocent of these charges. She has NO idea what evidence they could have possibly collected as she has never done this. She was put on the phone with some corporate investigator for the parent company who bullied and harrassed her over the phone, essentially attempting to coerce an admission of guilt out of her. She was in tears and distraught by the end of the interrogation, admitted to having some of the restuarant's silverware at home (taken when she took food to go, that had been paid for) and occasionally eating a plate of pasta that she had not paid for. Does she have any recourse? She is now out of a job that she averaged $300 a week at working parttime. She is still employed full time at another job, but I am worried about whether she should officially resign or be terminated, confront the charges or fight the employer. Does this constitue wrongful termination? Can it affect her future job searches, even if not in the restaurant business. I am infuriated at the defamation of character and the fact that today she sent me an email that said "I just want to crawl under a rock and die." Please help with any advice or information. Thanks.

Beth3
12-06-2005, 09:52 AM
Does she have any recourse? No. The phone interrogation your daughter experienced appears to be just standard stop-loss investigation procedure.

Does this constitue wrongful termination? No. Not even close.

Can it affect her future job searches, even if not in the restaurant business. Yes, it's possible.

I am infuriated at the defamation of character and the fact that today she sent me an email that said "I just want to crawl under a rock and die." There is no defamation of character here. If the employer had suspicion that she stole, they have every right to inform her of that and conduct an investigation. They have not negligently "broadcast" that she is a thief. They conducted an interview and she did admit that she took some flatware and eaten food she had not paid for. I agree that's hardly grand theft but they were well within their rights to discharge her.

dj660
12-06-2005, 11:20 AM
So what should she do to protect herself? What are the possibilities, as far as how it could impact a future job search or her present full time employer? Should she submit a letter of resignation where she denies the alleged charges? She was already asked to supply a written summary of her end of the phone conversation, and she did state in that letter that she is innocent of the allegations regarding theft from the bar cash register. But she did not get a copy of that for her records. She wants to ask for that as well as a statement of their evidence against her. Does she have a right to that information (the dates/circumstances/evidence of her alleged theft)? Any advice is appreciated.

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