Sacramento, CA asked in Employment Law and Employment Discrimination for California

Q: If I feel that I was wrongfully terminated for stealing from my job, what can I do?

Scenario: I am/was a cashier at a grocery store. I was called into office and spoke with a Loss Prevention rep. They said they had me on video taking $100 bill from the till. Loss prevention persion said that I "put it on the ground" and picked it up. I informed them that I did remember picking it up and put it in my apron because I thought it was my money I had on my person and thought it hand fallen out of my apron while I was in my apron, which I was always digging in my apron for gloves, cheat sheet, etc. I never reported it because I thought it was my money all along. So why would I? They terminated me next day. Needless to say, the till apparently was short but the cashiers hop on and off several different registers every day. How can they prove that I took it? I NEVER took from the register intending to steal. As far as I thought, it was money out of my apron because I didnt recall dropping any money during transaction or "putting it on the ground".

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You should demand to see the video yourself. But you shouldn't expect too much, even if you do see the video. It could actually substantiate your story, but don't hold your breath about that.

You are no doubt an at will employee, unless you belong to a union, and in that case, you should ask your union to support you. I'd bet they have so many cashiers who get accused of the same thing. It would certainly be worth following up with your union representation. Otherwise, you'll need a good employment lawyer willing to take on such a case.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: I am sorry to hear about this problem. However there is really no recourse available to you. If the employer believes you stole, it has the absolute right to terminate you, even if it is incorrect in its belief.

Unfair? Of course. But an employee in California is considered to be employed at will unless you have an agreement to the contrary with the employer. At at will employee can be terminated at any time and for any reason or even no reason at all. The employee is not entitled to a fair or thorough investigation. No concept of fairness is included in the employer's duty. You can be fired for good reasons, bad reasons, wrong reasons and no reason.

Good luck to you.

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