do I have a case concerning defamation of character?

Question

I worked at a clothing store for about one month. One of my co-workers claimed she had $25 stolen from her wallet. After making 2 other co-workers show her contents of their coats and purses, and finding nothing, she stopped me in the staff room and made me empty my coat and purse. She even made me check in my brazier!
After she saw that I had no money on me, she then called on the manager to come in to the store. The manager called me into the staff room and fired ME! I swore up and down that I took nothing, and I was still let go. I would like to pursue a complaint to the labour board citing Defamation of Character. Do I have a case?

By the way-when I said the co-worker "made me" go through my belongings and check my brazier, I mean she asked me, and I complied because I was the new person at the workplace and I did not know her level of authority.

P.S. thank you all who have been helping me with this question!!

Answer 1

NO...but i would report them.

She had no right to check your bra. Violation in some form.

Most companies have a 90 day policy. So they may be off the hook. Sorry , i know it sucks. She may have not even had $25.00!?!?

Answer 2

Most employers have a policy about authorizing searches of belongings when a theft has been reported. However, they generally need to be conducted by a manager, and witnessed.

Since this occurred in 'private' and was not public knowledge, defamation is probably a long shot. (Defamation covers cases where you are publically accused of something.) However, the company has an obligation to protect ALL employees from harassment, intimidation, threats of physical harm, etc.

You may be better to pursue a claim of harassment and intimidation than defamation.

The reason the manager chose to fire 'just' you is interesting. I suspect there is more history, or that *at that time* you made a threat against the other worker, caused a disruption in the work area (or public area), or otherwise made yourself a liability. If the manager has a long history of trusting the co-worker, but you have been a complainer, a trouble maker or anything else, he/she may have felt that firing you made the most sense to keep peace among all the workers.

Oh, and most US states are 'employment at will', which means the the employer is NOT required to have a 'good' reason for firing an employee; nor is the employer required to give a reason for quitting. You had not been employed long enough for unemployment compensation, either, so don't bother there.

Answer 3

Go to the federal deal about discrimination. If you are different form the other two emplees they can sue. Besides, why didn't the manager fire the other two. Maybe they were trying t get rid of you, were the other two folks illegal/ Anyway I would go to the federal deal and then check with some attorneys that handle that as you should be able to get your job back and back pay, that's an outrage. Take care. Coould you add something and tell us if sex/race discrimination was involved. Somethings a foot! Sounds like a set up, go get em.

Answer 4

YOu may actually want to tack harassment and wrongful termination on there. A fellow employee has no right to search you. They have no right to accuse you.

contact the lab our board immediately, they will often offer free council for wrongful termination suits.

Answer 5

i would have had to put a slap down on the biatch before undressing for her. but you may have something here. i would contact a labor attorney from the yellow pages. i am sure you did not do it, but from the accuser's standpoint, the truth is always an absolute defense.

Answer 6

I think you have much more than Defamation of Character here...unlawful dismissal for one. Go to a lawyer and get advice.

Answer 7

You do not have a case of defamation of character, you have a case of violation of your civil rights by illegal search and seizure. Get a civil rights attorney.

Answer 8

I am just curious how another co-worker "made you" empty your pockets etc...