Some of you know I left my last job in Chicago to take over a job in Wisconsin, with a pay raise of $6k more on the new job.

So...I take over a management position out here, and 7 days after taking over the store, I find out the keys to the store have been left behind a soda machine just outside the front door on many  occasions. I put in a call to my DM about the stores safety...no call back.
The company had 'cleaned house' a month before and fired all but 2 girls. 1 girl still having access to the keys until they found out they were being left outside for the next girl to take over the next day. Her keys were taken away. (she also knows the safes code)

sorry this is long, but bare with me.

On the 10th day (Thursday)I am there as manager, $300 goes missing. (a cash pickup) The girl whos money was missing ( S ) swears she gave it to me, I only remember her giving me 1 envelope which was her closing deposit. I report the missing money to my DM, who never calls me back.
2 days later, (saturday) my assistant manager in training quits on me. (she wasn't there on Thursday and not allowed to have keys just yet. SO...I am unable to go make Fridays deposit.
At the end of the night I make up the deposit and put it in the safe with Fridays, close and lock the safe and the office door up and me and( J ) the girl working with me, leave the store.
SHE can verify I put both deposits in the safe.

Sunday at 11 I come in and I tell the (S)who originally lost the 1st 300 to take the 2 deposits to the bank.
I had stock needing to put away. She was on the approved list to make deposits and I wanted her to get used to going in case I couldn't go at any given time.

Monday I come in at 11 ask the same girl (S)to get the deposit (Sundays) so I can go to the bank. When I get there the teller does my transaction, and gives me my receipt. I told her I need to also pick up the 2 slips from yesterdays night deposit. Sundays the banks are closed so they had to be dropped in the night slot. She comes back with Fridays slip, but no saturdays. She insists there were no more.
I go back to the store thinking it was left in the safe. It wasn't. I called my DM again...which took her 4 hours to call me back.
Im FREAKING OUT HERE!
She comes in 3 days later and questions us all at the store, then I hear nothing more on this subject. I Tried calling her a week later to find out if she heard anything. NO CALL BACK.
A MONTH later...a different DM comes in to ask me questions on the missing money. I gave him all the information I HAD!
He comes back a week later telling me I'M ON suspension without PAY! Pending a police investigation. I signed my bank records and creditcard records over to them, and I STILL haven't heard anything. Its been a month on Feb. 18th.
Im LIVID with these people. WHAT they tell me...is if THEY can't find out what happened to that deposit, that the responsibility there-in falls on The MANAGERS SHOULDERS???????

WTF????????????? Lemme get this straight...
Everything I have said...checks out.
ALL Video at the Bank...checks out.
No Security codes were used after hours at the store.  
ALL Keys are accounted for.
THE STORES UPPER MANAGEMENT after hearing the keys were LEFT OUT UNATTENDED NEVER changed any locks, OR Security alarm codes, OR SAFE codes.
Unemployment is questioning me on my eligablity. Am I still employed? I DON'T KNOW!

I'm SUEING THEIR ASSES!
so...what I need help with, since I have never sued anyone before, or ever been in this kind of situation before is advice on what I CAN sue for!
So far...I have this...

1)WRONGFUL TERMINATION (cuz I KNOW they won't be calling me back to work)

2)Deffimation of Character (because small towns talk and I won't be able to get a job out here once word gets out about why I'm not there anymore)

3)BACK PAY January 18th to present

4)Denial of custom of living

5)And I believe I should get SOMETHING for all this pain and suffering I been going through since all this started!

Im not ASKING for a Gazillion dollars! I'm only asking to be compensated for THEIR negligence, and lack of Securing store security. It SEEMS Like THEY are Gonna try and put all the Blame on ME and I haven't done anything WRONG!
I even told the DM AND the police I would be willing to take a polygraph!
SOMEONE Please Tell me what can I DO HERE?????

-- Modified on 2/14/2008 11:51:21 PM

Well, of course, the first step is to get an attorney, preferable an employment lawyer. If you think criminal charges are pending, get a criminal lawyer too.  Your attorney can discuss with you which causes of action are viable and which are not.

Are you an at-will employee? What are the terms of your employment contract?

Defamation is difficult to prove. Defamation requires publication to a third party. It has to be false. It also requires that your reputation was actually injured.

I'm not sure what you mean by "denial of custom of living". Are you referring to being deprived of some standard of living?

Are you claiming pain and suffering for emotional distress? Do you have any physical symptoms? Damages are difficult to prove and difficult to calculate without accompanying physical ailments. Have you needed to see a psychiatrist or a therapist?

You may also look into service letter, injurious falsehood, intentional infliction of emotional distress, negligent infliction of emotional distress, tortious interference with business relations claims.

Your lawyer should be able to figure out what to sue for.

I worked for a restaurant chain in 1979. Their policy was:

1) As soon as there was a key violation, all the locks were changed.

2) Two people got to make a deposit. That way if something happens to the deposit, there is a witness. I think a manager always one of those persons though.

I think your store has severe "lack of control" policy issues that will make them look really bad in a lawsuit. Other Controls like: 2 people should sign and seal the envelope to attest what was put in it. 2 people should be there when the envelope is opened to verify what is in it.

Regarding unemployment:

It doesn't seem like you have enough time in WI to claim unemployment. However, you should be able to claim unemployment in IL. You question is whether your situation qualifies you for unemployment.

Good luck.

Diana,
Employment law is very messy and I'm afraid I don't know any attorneys in Wisconsin but I have these thoughts.  First, contact the local Bar Association to get an attorney.  Notwithstanding what was said in the earlier post, defamation is a very viable option, especially when bad information about you is given to a prospective employer.  This usually occurs when the new employer contacts the old.

Also, if you should get arrested, that's further proof of defamation.

Unless you have a contract, I believe that Wisconsin is an "at will" state.  Taht means you can be fired for a good reason, a bad reason or no reason at all, as long as it is not a discriminatory reason.  Discrimination does not mean that you can sue if some one doesn't like you; it means some form of federally prohibited discrim., like race, age, sex, religion, etc.

Good luck but honestly, it's going to suck.  Try to pick a lawyer you feel comfortable with and (like any provider), check his or her references.

I was hired as Store Manager at a set rate of pay. Anually. I don't think I can get paid for working over the 40hrs specified in my pay stubs. I only got paid for the 240 hours and not the actual 360 I worked. They specified salary not hourly.

I have lost sleep due to this circumstance. I am not physically or mentally injured, just emotionally drained at the thought that they could do this to me, knowing I left everything in Chicago because THEY wanted me up here IMMEDIATELY to take over. KNOWING they did not secure a store that ANYONE had access to who previously worked the store. THEY KNEW the keys were being left outside!
The towns out here are close. It's like Cheers! Everyone knows your name! Everyone is related to everyone else in one way or another. They find out the manager is no longer there, and was told by an employee of the store, she got fired for theft, IT GETS AROUND no matter HOW FALSE it is!
Now I'm stuck out here in the middle of BOOFOO EGYPT with NO JOB...a HOME that needs to be paid for, living expenses like food and utilities and I'm DENIED this way of living on FALSE ACCUSATIONS or ASSUMPTIONS!
HOW do I FIGHT THAT?????

I can't answer all of your questions, but here are a few thoughts.  Please note that I am not a Wisconsin lawyer, and the law there may be different from what I describe.

1.  You probably don't have a defamation claim.  Police reports are absolutely privileged against such claims.  Most states also won't allow lawsuits over statements within an organization concerning matters of legitimate interest to that organization and its employees or members.  The identity of a thief is such an issue, and discussions about it are covered even if they are about someone who turns out to be innocent.

2.  You don't have a pain and suffering claim either.  Pain and suffering refers to physical injuries.  You may have a claim for emotional distress, but whether you do will depend upon details you haven't provided.  Emotional distress damages also cover physical symptoms caused by the distress.

3.  Wrongful termination is an area of law that varies quite a bit from one state to another.  You need a local lawyer's guidance on this point.  The same goes for whether the company had the right to suspend you without pay.

4.  I don't know what you mean by "denial of custom of living".  If you mean the consequences of losing your income then this is part of the damages you might get from some other cause of action, but is not a cause of action in its own right.

You need to consult a local employment law practitioner as soon as you can.  Good luck.

Thank guys. I have a few inquiries into who will take on this case.
If there is any other comments or suggestions you may have, please feel free to PM me.
I have a feeling I have a long road ahead of me.

xoxoxo
~Diana~

that defamation and emotional distress are weak, and that local counsel is important.

One of a lawyer's functions is to help you get emotional control over the situation, by organizing the problem in an effective way.

So however you do it, talk to a local lawyer.  

My feeling is that you've got two big issues - 1st, the outcome of a police investigation, and 2nd, your claim is in the employment terms.

Police are sometimes untrained or sloppy.  Getting a lawyer will help you decide if you need to get your own PI on the matter.

An ounce of prevention is worth a pound of cure.

Hi Diana,
I'm sorry that you find yourself in this fix.  Whom ever took the money can be caught if they take the time to work the case.  YOU are probably still out of a job.  

I don't say the following to hurt you, but for any others who are listening:  
I'm sure that it's clear to everyone that when improper seceurity was discovered, you should have initiated corrections immediately.  By phone (note date & time) followed up in writing.  Keys, should have been seceured, locks changed, codes changed, proceedures changed.  Exactly what you feared happened...  worse case scenerio.    

Legally, I think you'll be lucky if you aren't made the fall guy & criminally charged.  It's easier than figuring out who really did it.  

I am so sorry.  This isn't fair.  Life ISN'T fair.  Best of luck.

I help run a business with upwards of three hundred people.  Over last twenty years or so, we have had about a dozen legal issues come up with disgruntled employees who didn't care for the fact we fired them.

In a few cases, I would even have to agree that they had some good points, but in each and every case, our lawyer was able to shoot them down and they got bupkus, nada, zero!

Comparing notes to other employers I meet, this is not anuncommon result.

So what would I suggest in your case?

Drop the whole matter, do something to reward yourself and feel good about yourself, and move on with your life to another job that will, hopefully, pan out a lot better than this one did.

In any case, good luck with the whole mess.  You seem like a very nice person whom things like this shouldn't happen too.

(still not a lawyer)

I think I'm going to have to. Turns out, I AM an At-will employee. But to my knowledge, last I heard, I was STILL employed...without pay.
I am searching for a new job, possible one I start this week that will allow me to travel.
oooo...I said the magic word! TRAVEL!
hehehe and this will allow me that 'something' nice I really need about now!

MrFisher...wheres the Boobious photos? allow me.
xoxo

-- Modified on 2/18/2008 10:31:06 PM

By cutting your hours, but not firing you...  YOU have no money coming in.  So they're setting you up so you'll voluntarily QUIT.  Then they can't be pursued for wrongful termination.  I agree that you'll probably have to do this just to survive.  (Last time I looked the grocery expected to be paid!)  
YOU don't want to work for the people who put you in this position.  However, you DO want to get & keep copies of any legal paper work, police reports, etc so they can't f*ck with you with future employers.  Frankly, your employment was so brief that you could simply lose it, when it comes to resume'.  I'm sure that you have learned a boat load from this experience.

Good luck with the rest of your life.

I think you will be better off this way.

I'd like to think that our paths will cross some day.

-- Modified on 2/19/2008 10:44:36 AM

ty darlin. I have already moved on. When and IF they ever call me back...well lets just say I found someplace else making the same $$$ with a HELL of a lot less stress and responsibility. THEY on the other hand, have lost a damn good committed hard working employee who could have made the difference in this small town store. They may end up closing their doors.

1) get your UA in illinois ASAP(you need  to start the process)I think you can do it online.
you know you won't go back to that place
2) get an attorney about the blaming you for stealing that is unacceptable & evil of them
PLEASE keep all your records that prove your not guilty
3) move on.forget them & move on
I had ajob were i gave up everything & moved SOS as you & after 8 weeks they down sized & Iwas first to go...it cost me thousands,,,but in the end I am glad ..I got an excuse out of there

good luck