If I was falsely accused of employee theft, can I challenge this and keep the accusation off my record?

UPDATED: Jun 25, 2012

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If I was falsely accused of employee theft, can I challenge this and keep the accusation off my record?

My manager has already approached me and asked me to sign a statement confessing the theft. I refused to sign the document but was told that “employee theft” would still be put on my record. Is there any way of avoiding this black mark to possibly save my future job possibilities. I am only 18 years old and I do not want to start my working life like this.

Asked on June 25, 2012 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no central repository for employment history, so prospective employers will not even know of this job unless you tell them. You cannot make them change their internal files or records, so the best thing to do may be to simply omit this job from your resume or employment history.

If you don't want to or can't do that, as noted, you cannot prospectively make the employer change its file. What you can do is to inform them (preferably in writing, some way you can prove delivery, such as certified mail with return receipt) that you did not steal, do not agree with the accusation, and that if they state to anyone that you did steal, you will take the appropriate legal action, such as suing them for defamation (which is making false, negative factual statements about a person to others). Hopefully, that will discourage them from trying to claim that you stole; and if they do defame you, you could sue them for monetary compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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