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  1. #1
    Join Date
    May 2012
    Posts
    6

    Default Employee Theft of Cash

    My question involves criminal law for the state of: South Carolina

    So I'll keep this short. I was working at a mall kiosk. I was often paid under the table, and more often than not my boss made errors and would either over/under pay me (mostly under.) All the daily paperwork is paper, no computers, no clock in machine.
    So I was let go recently, and to avoid an awkward situation of picking up my final pay I opted to go right after closing. (i was also in school and had another job so it really was impossible for me to go when they were open unless it was on a weekend.) I also have a key. So I get there, pick up my envelope and it's $50 short. So I took the money from the day's prior sales. (something I had done many of times if my check was ever short and I'd leave a note." I also left the my key on top of the kiosk just to be rude. So the next day I find out that he's filing charges. I'm thinking whatever, it was my money, if i wanted to steal i would have take the $400 that was there. Besides he has no proof it was me. Two weeks go by and I get a call from an officer saying he just needs my statement. (another employee who was fired the same day as me also got this call) So whatever I went to talk to him which I later realized was a bad idea. I didn't say much. After a lot of BS-ing he turned on his "bad cop" routine saying he had "video evidence." And he never really told me what was missing, I asked and he responded "some cash and some items" So either he's lying or my former boss lied and said things were missing. Back to the "video evidence" First off, there is a huge skylight where I work and no possible place for camera's I even went back and couldn't see a single one. So I'm thinking if they have evidence I'd be arrested so I just assumed he's lying. Somehow a polygraph gets brought up and I was like sure, why not. After reading and educating myself I realize this is a bad idea so I am going to call him and cancel it.

    So once I call the officer to cancel what should happen?
    Does he have enough evidence to issue a warrant or summons? Which would most likely be issued? There is no way to prove that he under payed me. So I feel like this was a mistake gone horribly wrong.
    I feel like if he had evidence then he wouldn't need a polygraph, right?

    So obviously there are camera's outside the mall as well as me admitting to being there, but that doesn't prove much. Plus the time he said that I was there was way off from when I was actually there, I just didn't correct him.

    I mean, what if the girl who opened the next morning, got there, saw things were missing and took a some more cash and items and hoped it got pinned on me?

    Any help would be great so I can get on with my life. I wish I could just return the stupid money to have avoided all of this mess.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,972

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    As you had been terminated, I would look for a case of breaking and entering or unlawful trespass at minimum.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,296

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    Keep quiet and avoid all contact with the cops and boss,it seems like they want more proof before arresting you. It looks good that the cop never arrested you at the station. Hopefully as time pass this fades out,if arrested then it's very important to say nothing unless instructed by a lawyer. Cops know how to lead with certain question and can be good liars if needed. I would just no show up and ignore any contact with the police,if a warrant is issued then so be it .

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    If they had enough proof, you would be charged .... don't even bother calling the cop to cancel ... don't speak to him again. For any reason..he'll threaten death in the electric chair ..

  5. #5
    Join Date
    May 2012
    Posts
    6

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    Thanks for the response, you think I should just not show up? Or call and cancel?

  6. #6

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    You stole the money. If you have an appointment with the police to do a polygraph don't blow them off-get a lawyer. Why are you confused?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,415

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    The principal purpose of a police polygraph exam is to elicit a confession. If huge numbers of people didn't confess before, during or after their polygraph, the police would find better things to do with their time.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Do Police Have Enough Evidence Regarding Employee Theft

    They do have reasonable suspicion it was you. You took your envelope, and left your key. That shows you were there.

    However, it does not prove you stole additional money.

    If the cops want to talk to you, you will want to consult with a Criminal Defense attorney in your area.

  9. #9
    Join Date
    Jan 2010
    Location
    North East
    Posts
    2,040

    Default Re: Employee Theft of Cash

    Quote Quoting scgirl9830
    View Post
    So I was let go recently, and to avoid an awkward situation of picking up my final pay I opted to go right after closing. (i was also in school and had another job so it really was impossible for me to go when they were open unless it was on a weekend.) I also have a key. So I get there, pick up my envelope and it's $50 short. So I took the money from the day's prior sales. (something I had done many of times if my check was ever short and I'd leave a note." I also left the my key on top of the kiosk just to be rude. So the next day I find out that he's filing charges.
    The charges filed may just be burglary theft and conspiracy. You should have mailed the key back and asked that your last paycheck be mailed to you once they received the key.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  10. #10
    Join Date
    May 2012
    Posts
    6

    Default Re: Employee Theft of Cash

    Considering the only evidence is that I was there after hours, which is simply reasonable suspicion. Will that be enough to lead to probable cause to get an arrest warrant?

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