I was accused of stealing and that my boss has me on camera, so he fired me, when i asked to see the video he replied NO

Asked over 1 year ago - Palmdale, CA

Not once did i take anything with out paying for it, and i know what i do an don't do, he has no such video of me taking anything.

Attorney answers (3)

  1. David Vincent Hiden

    Pro

    Contributor Level 13

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    Answered . file for unemployment immediately. request that the video be brought to the hearing. find an attorney who might examine your case b/c if your boss "puts it out there" that you were fired for stealing when you were not, you could have an employment claim and a defamation action, especially if your boss puts fights the unemployment benefits and writes in that you were stealing if you were not.

    Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship;... more
  2. Patrick John Phillips

    Contributor Level 17

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    Answered . You haven't posed a specific question so I can only guess as to what you actually want to know. If you are asking whether your former employer had the right to fire you, despite refusing to provide proof of your misconduct, the answer is most likely going to be yes. Unless you had a contract guaranteeing your employment for a specified term, your employment is "at will" (Labor Code 2922) and as such can be terminated at any time for virtually any non-discriminatory reason, regardless of whether the basis is fair, reasonable or even true.

    In my opinion, a defamation claim at this stage is not possible because defamation requires the publication (verbal or written) of a false statement of fact to a third party. Presently, your employer has only told YOU that he believes you stole, and he is entitled to that opinion. Even if he did make the statement to third parties and you did not actually steal, if your employer has a reasonable basis for believing so, that too is generally a defense to a claim for defamation.

    Although your employer is under no obligation to show you the video, if you apply for unemployment benefits, he will have to produce the video if he wishes to dispute your claim. This, in a way, creates a "win-win" where you either get to see the evidence against you or get your unemployment.

    I hope this addresses some of your concerns, and I wish you the very best moving forward.

    http://www.johnphillipslaw.com

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  3. Dotie Joseph

    Contributor Level 4

    2

    Lawyers agree

    Answered . For the most part, I agree with the prior commenter, David; and would add that you should be cautious how far you want to push this...especially if you did steal.

    Any comments provided herein are not to be construed as legal advice, and I do not warrant/guarantee any of these... more

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