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Can I sue for if I have a recording proving my case? Also can this recording effect criminal investigation concerning it?

Lewisville, TX |

At my previous employer I was let go because they assumed I hacked their computers. They based this off a email address they found on a computer that when typed into google it connected to a flickr account that had some of my public facebook images on it. They interviewed me and I denied it but was let go the next day without a notice of termination. I was contacted by law enforcement informing me they were charging me with breach of computer security a class b misdemeanor. I bailed out. I obtained a the probable cause affidavit where I found some indiscrepancies. Apparently the email wasn't enough and they told the police that I admitted to the crime during the interview. I recorded this interview and it proves they blatantly lied to the police. What should I do?

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Attorney answers 1


Hire a criminal attorney or if you are eligible, request a public defender, immediately. You can search for an attorney on Avvo or contact your local bar association for a referral.

Nothing about your termination supports a suit against your former employer for wrongful termination. Assuming you were an at-will employee (without an employment contract or union membership), your employer could terminate you at any time for any reason. They did not have any obligation to investigate their concerns before terminating you.

If you can prove that they lied to police, you may have a defamation claim against your employer. However, you may have trouble using your recording as evidence. Speak with your criminal attorney about the possibility of filing a claim against your former employer. If your criminal attorney thinks you may have a case, ask for a referral to someone who can handle the civil case.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.

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