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They threatened that if I don't give the IPhone back to the owner, that they will turn over the video to the police and try to prosecute me
Forget all the workplace and unemployment issues.
This is by far the most important issue. Since you don't have the phone, and since the owner is pressing charges against you, there is a good chance you are facing arrest. You need a criminal defense lawyer now, if you can afford one. If you can't, start looking for resources in your city that can provide pro bono assistance. You will eventually get a public defender, but you need help before then.
Some things just don't add up here. Why were you rummaging through there in the first place, you set yourself up for having questions asked.
perhaps the OP lost something and was trying to find it? it's not clear whether he/she was looking for something and whether the lost and found is open and available for employees to look at. if those things are both true, the OP did nothing wrong.
and i don't think there's any reason to believe the employer is infallible or has cut and dried evidence here. it's impossible to tell with the information we have.
Quote:
Originally Posted by don1945
If you truly are 100% innocent
how could they be less than 100% (but more than 0%) innocent? either they took the phone or they didn't.
Secondly, if they fired you over the video they must have pretty good evidence you took it because companies are VERY careful about making accusations that might come back to haunt them in a lawsuit.
-Or- the owner of the phone is threatening the employer with criminal charges and legal action over the iPhone, and so they panicked and scapegoated the most convenient person. As someone else pointed out, stealing an iPhone is a felony in many states.
(Just checked, and an iPhone 5 would be petty theft in California by about $100 on a 64GB model. But throw in a few expensive accessories and it can pass the $950 threshold for grand theft.)
I would walk away, if you did it (and I am not implying you did), you won't be prosecuted for it. If you didn't you don't need to work for people who don't trust you, making accusations they cannot prove. There may be other reasons this happened the way it did, sometimes when there are simply clashing personalities in the workplace, the more "vindictive" personalities set out to make trouble for people they just don't like. Hell, it could be your cologne, you may never know. Just walk away and find another job, I wish you luck.
3. When I apply for other jobs, I want to use this employment history, but I know putting fired for reason that you left hurts your chances at getting a job. Anyway I can fight this and change it somehow? I just don't want a negative mark.
Forget about it. Just lie and say you were laid off or you quit. Depending on the type of job, there is a good chance that they will never even call and check. If they do call, there is an even better chance that your former employer will refuse to discuss the matter with them, for liability reasons. There is nothing for a company to gain, and everything to lose, by discussing the reasons an employee was terminated with outsiders. For that reason most companies have a policy against it.
Am I the only one who wonders how they can accuse him of stealing of they never saw him take the phone in the first place. Sound like a set up.
Quote:
Originally Posted by glass_of_merlot
OP, do you know for sure the I phone was in lost and found in the first place? For all you know, LP could have stolen it.
It sounds fishy to me.
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. Are you constantly logged in here?
