If I was fired after being falsely accused of stealing product from my company and selling it, can I take any legal action?

UPDATED: Aug 29, 2011

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If I was fired after being falsely accused of stealing product from my company and selling it, can I take any legal action?

An investigation took place at my company because theft was taking place. As an employee, the company gives out seconds of the products that they sell.All employees are given these products. I sold a few of the items on-line. After the investigation, it was proven that none of the items I had were the stolen items, and that the items that I was selling had been obtained legally. The company still fired me because they said that I should have known not to sell the items. I never signed a contract saying I wouldn’t nor was it ever brought to my attention that these were not supposed to be sold.

Asked on August 29, 2011 Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you had an employment contract or agreement and it discusses either the grounds to fire employees or the process for firing them, that contract can be enforced, if it helps you.

However, if you did not have an employment contract, you are an employee at will. An employee at will may, unfortunately, be fired at any time, for any reason--even unfair ones, like what you describe--without warnings, notice, or a chance to correct the problem. In short, if you did not have an employment contract, it is almost certain that the company could terminate you the way they did.

For fuure reference, you should be aware that most companies do not want their employees selling any products that they happen to give the employees.

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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