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So, my employer has put me on paid admin leave pending a hearing for theft, and we had the hearing on Monday, this s week 2 ...

Portland, OR |

So, I when to a hearing and they showed me video which clearly doesnt show me taking anything, but now are asking for bank statement to show where items where purchased that I sold on ebay. I feel that they are fishing still the video shows nothing.. where do I sand... and the kicker is that the public safety office involved in this is a ex police officer that serverd warrents at a house that I was at 18 years old.

Attorney Answers 3

Posted

I am more concerned about potential criminal charges against you than you losing your job so I am reposting your matter so that criminal lawyers can review it. In my opinion, and I am not a criminal lawyer, nor am I licensed to practice in your state, I would not go to any more meetings without a criminal lawyer. Your company has lawyers representing them, and they are way more powerful than you are in this situation. I would refuse to discuss this matter with anyone except counsel. Good luck.

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Posted

Your employer already seems to have decided on your guilt or innocence and is now looking for a way to build a case against you. If you are the subject of a criminal investigation any statements you make can be used in court against you. While you may think you are helping your case by explaining things, any statements you give will likely be skewed to support your employer's theory of your guilt. Your best course of action would be to quit cooperating with their investigation altogether.

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Posted

As far as any criminal case is concerned: Stop talking. Statements you make to your employer can be given to the police and used against you in a criminal investigation and in trial against you.

As far as an employment matter is concerned, that's hard to say. Normally, Oregon is an "at will" state. Either employee or employer can end the relationship at any time. That you have a hearing and continued to get paid while on leave indicates that something else is going on. Is this a union job with a particular agreement in effect? What are the terms of that agreement? Without that information, it's hard to say.

Please note that the matter discussed above is not intended to constitute legal advice and no attorney-client relationship is formed. Questioners who post questions are advised to not discuss their matter in public on the internet and that doing so may waive attorney-client confidentiality that they would otherwise have. The foregoing is posted as a public service in order to educate the public about how laws work and function.

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2 comments

Asker

Posted

Yes, I am union

Edward T LeClaire

Edward T LeClaire

Posted

A person with an employment situation who is union should immediately talk to their union rep about his/her rights and responsibilities. Also, such a person would need to talk to the rep about whether or not the union will hire an attorney. If not, such a person should hire an attorney immediately. Additionally, any such person should not be posting information on public forums -- they are not confidential. Once again, this forum is not designed to constitute legal advice, but merely to further public discussion and understanding of our system of laws. It is extremely important that any detailed questions be made in a confidential setting with an attorney.

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