terminated due to 'secret shopper's' report

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Latest post 03-04-2008 9:47 PM by Cica. 5 replies.
  • 03-03-2008 10:58 PM

    Question [=?] terminated due to 'secret shopper's' report

    My employer terminated me, he says, because a shopper saw me take money directly from the customer and put it in my tip jar. He won't give me any specifics ie: the time, the drink order, so I can defend myself.
    My question is, do I have any right to see the report the 'shopper' made about me.
    Can my ex employer tell people I was fired for theft? If not, what recourse do I have if they breach my confidentiality?
    Is a wrongful termination lawsuit worthwhile to defend my name and reputation?
    Thanks
  • 03-04-2008 7:58 AM In reply to

    • Cica
      Consumer
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    • Joined on 09-23-2003
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    re: terminated due to 'secret shopper's' report

    Opinion:

    The action doesn't have to be proven. If it gives rise to suspicion, that's sufficient. Likewise, the employer may state that you were terminated based upon SUSPICION of internal theft. They can't state "because of theft" unless charges were filed.

    This doesn't "breach confidentiality." Your reason for being termed isn't confidential. It's not considered "wrongful termination" from the legal aspect.

    And, insofar as "defending your name and reputation" is concerned, you'd probably have to 1) disprove their theory; 2) prove that you've been harmed.
  • 03-04-2008 9:59 AM In reply to

    • cbg
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    • Joined on 12-21-2000
    • MA
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    re: terminated due to 'secret shopper's' report

    A wrongful termination does not mean that you were fired for something you didn't do. It means that you were fired for a reason prohibited by law.

    You can legally be fired on suspicion of theft, even if the employer is mistaken.

    While you may have been unfairly terminated, you were not wrongfully terminated.

    He is not required to show you the report or give you any details.

    The question of references is a little more tricky. He can legally say that you were fired on suspicion of theft, because that is true - you were. If he says that you were fired for stealing and you did not steal, then you may have legal recourse for that.
  • 03-04-2008 5:47 PM In reply to

    re: terminated due to 'secret shopper's' report

    thank you
  • 03-04-2008 7:50 PM In reply to

    More [=+=] re: terminated due to 'secret shopper's' report

    Slander can be negligent; if the theft is untrue, and employer said it was suspected to a potential next employer, and employee lost job opportunities as a result, employer could be sue successfully I think.

    I would advise a California employer to simply provide job title, dates of employment etc., with no comment of the reason for discharge.

    HatTrick

    HatTrick

  • 03-04-2008 9:47 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Question [=?] re: terminated due to 'secret shopper's' report

    Wouldn't a defamation claim be difficult? I would think that not only would the employee have to PROVE the suspicion as false; he'd also have to prove that the employer KNEW it was false.

    Then, too, what about the prospective employer who was not informed of suspicious activity, that came with the baggage, and resulted in a significant detriment to HIS business. Couldn't he make a similar issue out of it?

    Anyway, instead of granting no comment re: the reason for discharge, I would state that I would not rehire--and leave it up to the prospective employer to further investigate, or not.
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