Money help: I really need some knowledge/insight on what to do in my situation. - Help.com



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I really need some knowledge/insight on what to do in my situation.

I just recently was fired from my job for theft. I asked for proof and they said that an elderly lady came in and returned a phone claiming that she paid 20.00 for it when in the system it said 0.00. I gave it to her for free based on her upgrade. They returned it for 20.00 and fired me later that day when I came in. I just went in to pick up my final check which should be hourly + commission and it was only hourly. I called my ex boss and he said that he was going to keep my commission check. I told him that he has no right to keep my check for something that I didnt do. It’s bad enough I’m out of a job now but dont try and take my last commission check. Especially in this days economy. He said I should be lucky that hes not prosecuting me and for me not to try and collect unemployment. I already filed for unemployment and am going to contact the bbb to collect my check for me. My question is, can he try to prosecute almost a week later for something that has no hard proof? It’s like I got fired for nothing and am not even getting paid…wtf.

This open post was written 2 months ago | V/U/S: 119, 15, 2 | Edit Post | Leave a reply | Report Post


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IDon'tEverQuit offline Verified User (1 year, 8 months) Long Term User Shouts: 198 #
An Undisclosed Location | 2 months ago (2 minutes after post)

i’d fight it and prove your innocence! when you try to get another job, they’ll call that place and they’ll speak badly of you. if you didn’t do it, don’t let them get away with that. call your local labor board and explain your situation!

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Anonymous #
2 months ago (7 minutes after post)

Oh I deff. am. If it went as far as court, it would be my word vs hers. Can they allow him to withold my check if there is no hard evidence that I did anything?

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IDon'tEverQuit offline Verified User (1 year, 8 months) Long Term User Shouts: 198 #
An Undisclosed Location | 2 months ago (8 minutes after post)

Anonymous wrote:
Oh I deff. am. If it went as far as court, it would be my word vs hers. Can they allow him to withold my check if there is no hard evidence that I did anything?

not in my opinion, no. that’s why you should call your labor board. i don’t think you are allowed to do that.

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Anonymous #
2 months ago (12 minutes after post)

sorry for all the questions, Im not really knowledgable in legal. Can he press criminal charges if its word vs word? meaning mine vs. elder lady.

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IDon'tEverQuit offline Verified User (1 year, 8 months) Long Term User Shouts: 198 #
An Undisclosed Location | 2 months ago (14 minutes after post)

Anonymous wrote:
sorry for all the questions, Im not really knowledgable in legal. Can he press criminal charges if its word vs word? meaning mine vs. elder lady.

ummm i’m not sure really. it all sounds like b/s to me. i think you should call your labor board and explain the situation. for that, they could get into a lot of trouble i think.

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Anonymous #
2 months ago (22 minutes after post)

how would I find the number to my local labor board?

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IDon'tEverQuit offline Verified User (1 year, 8 months) Long Term User Shouts: 198 #
An Undisclosed Location | 2 months ago (24 minutes after post)

Anonymous wrote:
how would I find the number to my local labor board?

ummmm blue pages in phone book? it’s the department of labour. or maybe look up on internet and put like…..”department of labour in wherever you live”

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Anonymous #
2 months ago (28 minutes after post)

Thank you very much. So I can talk to these people about what to do? once again im sorry for my lack of knowledge.

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IDon'tEverQuit offline Verified User (1 year, 8 months) Long Term User Shouts: 198 #
An Undisclosed Location | 2 months ago (30 minutes after post)

Anonymous wrote:
Thank you very much. So I can talk to these people about what to do? once again im sorry for my lack of knowledge.

i don’t know all that much either. tell them everything and ask them what your course of action should be and what they are going to do about it.

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jesseswife0 offline Verified User (2 months) Shouts: 0 #
An Unknown Location | 2 months ago (50 minutes after post)

Im unclear on how its your fault that someone else gave her a refund on something that was never purchased. Didnt she have a recept that said she didnt pay anything due to her upgrade? The whole thing sounds fishy and i would talk to a lawyer, many have free consultations and they will be able to tell you more about if what they did is legal or not and if not then you may be able to sue them and get a settlement.

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Anonymous #
2 months ago (56 minutes after post)

Hey as long as I get whats rightfully mine, I’ll be happy. Can I be prosecuted in this case? I know he wont win but I honestly dont want to waste my time.

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linuxya offline Verified User (2 years, 8 months) Long Term User Shouts: 15 #
An Undisclosed Location | 2 months ago (1 hour after post)

So what’s the deal here?

Your employer is claiming the old lady paid you $20 for the phone and you pocketed the $20 and entered 0.00 into the system? Then she came back when she realized it should be 0.00 and got $20 from the employer?

Maybe the old lady is a scam artist. When times get tough, people will try all sorts of things. Or maybe she’s senile.

If you were fired and there’s no substance to the charge, then you were wrongfully dismissed and you are entitled to your pay + pay in lieu of notice. I doubt there’s much cash coming to you so getting legal help may not be practical. Perhaps you can get some free advice on filing your own action in small claims.

I suspect your employer probably has had bad experiences with sales clerks skimming and may have simply done the same to you as a knee-jerk reaction. You could always discuss this with your employer (vs. demanding your $$) and invite him to discuss the case with the police… after all, the old lady may be scamming other companies out of money (some people do refund/return scams… they buy something to get the receipt, then go back to pick up the same item in store and “return” it to get cash).

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Anonymous #
2 months ago (1 hour, 6 minutes after post)

you pretty much nailed it on the head. I just really dont want trouble. Im a nice guy and never start anything with anybody. If I call the better business bureau, I heard that they could help me out.

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linuxya offline Verified User (2 years, 8 months) Long Term User Shouts: 15 #
An Undisclosed Location | 2 months ago (1 hour, 15 minutes after post)

I hear you dude but it’s your reputation. Choose your battles but you’ll feel better when you stand up for yourself. The key is not to turn it into some kind of battle with the employer but get everyone to focus on the damage to your reputation of a wrongful allegation.

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