melanieann
New Member
In December 2007 my employer placed me on an involuntary unpaid LOA pending the investigation of monetary theft (less than $2500) and fraudulent entries to our computer system. My user ID/password was used to access the system. I was in a management position and had an excellent reputation - in the organization and the business community. During this time, they would not allow me to use my accrued PTO (time I had already earned) and access to my 401K.
The investigation was inadequate - they focused only on me and had my employees pulling "evidence" against me, employees who should have been investigated themselves because of opportunity. The case was referred to local law enforcement and I was arrested and charged; initially with three felonies, but then modified to one misdemeanor and a felony. I was denied unemployment.
During this time, I was agressively seeking employment - the financial impact to me was major. I went from bringing home over $4,000 monthly to nothing. In January 2008, I began working with some of my creditors in an attempt to reduce my monthly payment amounts. When my finance company called to verify employment, my HR Department stated that I was on an involuntary LOA. Because I knew this type of statement would devastating for employment purposes, I made the decision to voluntarily resign, knowing that I would never be able to return because of the permanent damage to my credibility - my reputation. This action also helped force payment of my PTO and access to my 401K.
Interestingly enough, the effective date of my resignation was January 28th, 2008, but when my mortgage company called to verify employment dates, they were told that I had been "terminated" on January 21st, 2008. I immediately contacted my employer and asked them what this was about - they stated that they felt they had enough evidence against me, so my employment was terminated. I was never given notice of this termination and this is considered to be my last date with the company. When I made the statement about being innocent until proven guilty, I was told that the evidence showed my guilt. I have this statement in an email.
At the point of the preliminary trial, the District Attorney dismissed all charges. The evidence submitted by my employer - and used by the detective during my questioning - included the bank deposit slip for the exact amount of money I was accused of stealing. Furthermore, on the day I was accused of making the fraudulent entries, I was out-of-town for a funeral and had no remote access to the system. From day one, I fully cooperated and maintained my innocence. I had even offered to submit to a polygraph test to exclude myself - but it wasn't offered as an option.
For any type of background checking, I now have this arrest on my record - showing three felonies. It doesn't matter that the charges were dismissed, this entry on my record will restrict advancement of my career, which for the past 19 years has been in financial healthcare. My reputation in this community is permanently damaged. I was forced to seek employment outside my community and am now having to commute 1.25 hours each way daily. I also took a reduction in pay - from $70,000 to $55,000 - just to secure a position.
Do you think I have a legal case to seek damages from my employer - lost wages (past and future), attorney fees, damage to my reputation, etc?
Thanks.
The investigation was inadequate - they focused only on me and had my employees pulling "evidence" against me, employees who should have been investigated themselves because of opportunity. The case was referred to local law enforcement and I was arrested and charged; initially with three felonies, but then modified to one misdemeanor and a felony. I was denied unemployment.
During this time, I was agressively seeking employment - the financial impact to me was major. I went from bringing home over $4,000 monthly to nothing. In January 2008, I began working with some of my creditors in an attempt to reduce my monthly payment amounts. When my finance company called to verify employment, my HR Department stated that I was on an involuntary LOA. Because I knew this type of statement would devastating for employment purposes, I made the decision to voluntarily resign, knowing that I would never be able to return because of the permanent damage to my credibility - my reputation. This action also helped force payment of my PTO and access to my 401K.
Interestingly enough, the effective date of my resignation was January 28th, 2008, but when my mortgage company called to verify employment dates, they were told that I had been "terminated" on January 21st, 2008. I immediately contacted my employer and asked them what this was about - they stated that they felt they had enough evidence against me, so my employment was terminated. I was never given notice of this termination and this is considered to be my last date with the company. When I made the statement about being innocent until proven guilty, I was told that the evidence showed my guilt. I have this statement in an email.
At the point of the preliminary trial, the District Attorney dismissed all charges. The evidence submitted by my employer - and used by the detective during my questioning - included the bank deposit slip for the exact amount of money I was accused of stealing. Furthermore, on the day I was accused of making the fraudulent entries, I was out-of-town for a funeral and had no remote access to the system. From day one, I fully cooperated and maintained my innocence. I had even offered to submit to a polygraph test to exclude myself - but it wasn't offered as an option.
For any type of background checking, I now have this arrest on my record - showing three felonies. It doesn't matter that the charges were dismissed, this entry on my record will restrict advancement of my career, which for the past 19 years has been in financial healthcare. My reputation in this community is permanently damaged. I was forced to seek employment outside my community and am now having to commute 1.25 hours each way daily. I also took a reduction in pay - from $70,000 to $55,000 - just to secure a position.
Do you think I have a legal case to seek damages from my employer - lost wages (past and future), attorney fees, damage to my reputation, etc?
Thanks.
