can i sue my recent employer for not reading my rights?
i got accused of stealing but my recent job that accused me was a union job. but they did not read me my rights and tell me that i could have a union rep there or present with me when they were questioning me about stealing. and not only that they kept involitarily trying to make me self incriminate myself arent there laws against that? and all the long my employer had no evidence at all against me!! now they want me to pay them 500 dollars back and the only part i messed up at is by writing a statement under duration saying that i took merchandise whem paying for other items, in which may have been a soda that i had been drinking since earlier that day that i fogot to pay for and planned to pay for later on in the day when i got the chance. and also ever since that happened i have been having panic attacks cause i fear jail cause i have a 2yr old at home. i jus cant imagine being without her.n now i have to go to court cause i wrote a damn statement!! what do i do???
Your employer has no obligation to read you your rights because they are not law enforcement officers.
It is not your employer’s duty to see that a union representative is present for your benefit when they ask you questions about alleged stealing.
There are no laws prohibiting your employer from leading you to incriminate yourself.
If you are innocent, you shouldn’t have signed anything.
Comments
Comment from Meen
Time January 4, 2010 at 1:14 pm
Have you ever heard anyone say You did the crime, now do the time? It applies here. You shouldn’t have stolen anything. Stealing is illegal.
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Comment from Samantha Y
Time January 4, 2010 at 1:47 pm
ok firstly your employer had no right whatsoever in making you write a statment, you should have been suspended on suspiscion of the theft, then you should have been able to get legal advice, you should have had an independent witness there when they interoggated you! you must go and seek legal advice because what they have done is wrong! and you wont go to prison.
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Comment from David S
Time January 4, 2010 at 1:56 pm
Your employer has no obligation to read you your rights because they are not law enforcement officers.
It is not your employer’s duty to see that a union representative is present for your benefit when they ask you questions about alleged stealing.
There are no laws prohibiting your employer from leading you to incriminate yourself.
If you are innocent, you shouldn’t have signed anything.
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Comment from fangtaiyang
Time January 4, 2010 at 2:29 pm
Your employer is not required to read the Miranda rights to you. You need to talk to a union representative as soon as possible. Any statement you made is not evidence that can be used in court and you are unlikely to go to jail.
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Comment from wiringtheworld
Time January 4, 2010 at 3:04 pm
First off don’t sweat it!! If you did nothing wrong then you have the truth on your side, as lame as that may sound. I’ve been to court many any times,and the one with the truth normally wins. You said it had something to do with 500 bucks? thats minor. By the sound of it you don’t have a record so not to worry about, at worst you could end up with probation(again no biggie)
As for the rights there isn’t much that can be done about that, try talked to your rep,and or lawyer. And remember(if it should ever happen again) DON’T EVER GIVE A STATEMENT! any statement should only be given by your lawyer. Only thing you ever say to anybody when it a spot like that is 4 lil words, "I want my lawyer" thats it.
Good luck, hope it helped . Depending where your at I can give you the name and number of a number of good lawyers.
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life’s ups and downs
Comment from Dafnee V
Time January 4, 2010 at 3:43 pm
Get an attorney!
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Comment from Lee E
Time January 4, 2010 at 4:15 pm
Am sorry to say, but company is right. Taking anything without paying for it makes one a thief.
What you are asking is, can one sue because the company made one admit they were a thief and did not give them the opportunity to lie. A lie is not only making a false statement, It is also the act of not telling the truth by not saying anything.
You deserve anything you get, so panic as much as you want. Don’t worry you won’t go to jail, but I do feel bad for your 2 year old, the fact that you even asked this question, means that child will have a hard time knowing right from wrong if you are the role model.
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Comment from Fishguy
Time January 4, 2010 at 12:35 pm
The only time that Miranda warning applies is when you are being asked questions related to a crime by the police. A private company is not legally bound by such requirements.
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