questioning a business practice?

[bigbaldirish]

ok so about 3 pm today, my GF calls me hysterical. she has been accused of stealing from her job. now that would be okay, if she was a thieving type. i know this, her family knows this, her boss' don't know this. fine under suspicion is okay. so they take her into a room, and tell her she's not allowed to talk to any other employees, that they have proof that she stole, but won't let her see it. intimidate her into signing a confession without a lawyer present.
A)is this against the law?
and from my previous experience as a manager, i know i wasn't allowed to accuse anyone of stealing without proof in my hand, and the accused to be able to see it. i don't know if this was corporate, to avoid civil suits, or NYS law.
i know it can be a civil matter.
i know she has the documentation to prove of everything she owns. (She's got the OCD, so she keeps every receipt in a nice little box.) she can prove where everything she is accused of stealing is.
B) has this happened to anybody here?
C) What did you do?

no jokes please.


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[BoondockSaint]

Was she fired?

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[bigbaldirish]

suspended, indefinately.

but she won't go back.

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[Tall_James]

Have her hire a lawyer.

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[JustJon]

lawyer. serve papers. threaten to sue.

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[WindowSill]

lawyer. serve papers. threaten to sue.


Ditto, thats just the American Way...


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[bigbaldirish]

that's what i thought, i just wanted to hear some others opinions before i tell her to talk to a lawyer. or see if someone already went through this to see if she would be opening a huge can of worms.

thank you for confirming my thoughts.

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[reeshy]

Any job I ever had, if you were accused of something, you had the right to see the proof and if you were in a union, the right to a union delegate being present at the interview..I was a NYPD cop for quite a few years and everytime I was accused of something, I made sure that a delegate from the PBA ..and later...the DEA...was present....In fact one time I shut my mouth for 4 hours until an attorney showed!!!! Always keep your mouth shut until you get legal help!!!!

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[monsterone]

intimidate her into signing a confession without a lawyer present



doesn't sound legal in the least. get a lawyer - i'm sure angish and mental suffering has a nice pay check.



plus you can give me a 10% cut for legal advice considering i'm unemployed.

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[TheMojoPin]

There's no way this company could have done what you described without any evidence. I mean, I work in a business that has theft going on left and right, and even if *I* KNOW someone is stealing, I can't do shit until I have proof of some kind. I've been specifically told by the people in the front office I CAN'T accuse people of stealing without proof because it leaves us totally open to being sued.

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[JohnnyCash]

Get a lawyer right away and let them take care of it. Theres more power behind them than there is with just your girlfriend. I hope this all works out for her.

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[mikeyboy]

Sounds ike somebody watched a few too many episodes of NYPD Blue and tried to strong arm a confession.



You can't do that in regular life, retard!


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[UnknownPD]

Assuming you are sure your girlfriend is not a thief the first two places to contact are the NYS Labor Department and then thee EEOC. Generally they will investigate and if the company has not followed the law will prosecute/fine or whatever. Thee EEOC is cool because they will hire lawyers free for you if it is any kind of sex discrimination/ADA or other kind of non-compliance. The reason to talk to these guys first is that Lawyers charge. They are better able to tell than anyone if you've got a case and will generally reccomend you get a lawyer if they think you've got a case.

Secondly, your girlfriend should head straight to the unemployment office and file for unemployment. They will also conduct an investigation.

Being forced from a job is the same thing as being let go. The administrative judges that hear unemployment cases are usually very dubious of company claims.

Usually the geniuses that do this shit are not the corporate big-wigs, but some low level hack thinking he's working his way up the ladder. My guess if you file a complaint and for unemployment the ladder is gonna hit him in the head.

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Sue those fucko's! Sue 'em straight to H-E-Double-Hockey-Sticks!!

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[Tall_James]

Way to go UnknownPD! That's some solid advice.

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[silera]

intimidate her into signing a confession without a lawyer present.


Maybe now they have the proof that they didn't have before she went into that room.



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[AngelAmy]

i would never sign a confession to something i didnt do.

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[Reephdweller]

intimidate her into signing a confession without a lawyer present


I'm sure it can be very scary to be accused and handled the way that she was, but by no means under any circumstances should you allow yourself to be forced to sign any kind of confession for something you didn't do. It would be better to let them fire you and then take them to court over it.

If I had done it and was caught doing it I'd feel more pressured out of sheer guilt more than anything but then again I would never ever do that at work. It's just not worth it.

Long and short of it though, never ever sign something like that.

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This message was edited by Reefdweller on 8-26-04 @ 11:57 AM

[UnknownPD]

i would never sign a confession to something i didnt do.


Not questioning you, but unless you are in the situation you really can't say what you'd do. Sometimes the pressure of the promise to "get out of there" supercedes everything else.

Some people handle things differently. 10 years ago I would have confessed to the Lindbergh kidnapping. Today I'd tell you to fuck off.

[bigbaldirish]

let me clarify things a little more. my girlfriend has only been out of high school a year and a half. this is her second job, ever. first job she left on her own, to find greener pastures. she thought she found it at this company, and this drops out of nowhere. she has multiple learning disabilities, she's not stupid mind you, but she has to learn things differently.
she gets told she's going to be dragged out in cuffs, or she can sign this and get out. she doesn't understand the paperwork they ask her to sign. so instead of them calling the cops on her she says "just tell me what to write." agreed this was a silly thing to do, by someone who doesn't know any better. she is not rebellious in ANY way, she does conform to authority, even if she thinks it's wrong.
i'm learning more and more each day, about the questions they asked as well.
they asked her what kind of medication was she on. (none) what drugs she did, she answered alcohol, nicotine. which is the truth.

now i know she can sue, which i'm Urging her to do.

but i want to know if it's illegal to do all this stuff.

she is willing to submit to a lie detector test, like i said earlier has documentation of what she owns, and says that through the computer, you can actually track the said "stolen" items.

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[FMJeff]

please not, when we dispense legal advice, its purely for entertainment purposes....

seek certified legal aid if you have more specific questions

so ends my disclaimer.

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