Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out

A: It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:

1. A criminal prosecution was commenced against you

2. The defendant initiated or procured the prosecution

3. The prosecution was terminated in your favor

4. You are innocent of the charge

5. The defendant did not have probable cause to initiate or procure the prosecution

6. The defendant acted with malice

7. You suffered damages as a result of the prosecution

In most malicious prosecution cases, elements 5 and 6 are hotly contested.

Probable cause asks whether a reasonable person would believe a crime had been committed by you, given the facts as the defendant honestly and reasonably believed them to be before the criminal prosecution was instituted. When the objective elements of a crime reasonably appear to have been completed, probable cause is established as a matter of law.

Malice is usually established by proving the defendant had a wrongful or improper motive or was motivated by some purpose other than bringing a guilty person to justice, such as earlier bad relations or using the prosecution to recover property, extort money, or collect a debt.

The extent of any investigation by the defendant may be relevant evidence as to both of these elements. But a private company or individual is not required to do a thorough investigation before reporting a crime to police. That's the police's job.

With respect to the statute of limitations, you have one year from the date that the criminal prosecution was terminated in your favor to file your malicious prosecution lawsuit. The fact that the events leading to your arrest occurred in 2019 is not dispositive; the important date for limitations purposes is the date the charges were dismissed.