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  1. #1
    Join Date
    Apr 2008
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    2

    Default Civil Demand Letter - California Penal Code 490.5

    My question involves criminal law for the state of: California

    I worked for a company for several years. In early 2006, I misappropriated some store product that was going to be thrown away into credits that I used for employee incentives. I did not profit from this personally. Anyway, the Loss Prevention department discovered what I had done and investigated me, at which point I signed a restitution agreement. Almost always, at this point the employee is suspended and then terminated. I was suspended, but because of the situation and my justification of it, I was asked to continue my employment. I was paid for the time I missed from work for the suspension. As a condition for returning to work, I had to pay the amount I misappropriated, which was around $70. I did that within a week of returning to work.

    Later that year I was promoted within the company to a district manager. Again, my bosses understood the situation described above which they did not hold against me in seeking the promotion. I was with the company until the beginning of 2008. I had assumed the situation was completely behind me, but yesterday I received a letter regarding penal code 490.5, where a law firm is asking me to pay over $400 for restitutionary and civil penalties.

    Does this make sense? It seems in most cases such a letter is sent within a few months of the incident. Here, I was promoted after the incident, and stayed with the company for almost two more years. Now, a few months after I quit, I received such a letter.

    Any thoughts would be helpful.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,912

    Default Re: Civil Demand Letter - California Penal Code 490.5

    As you say, you stole.

    You do have the option of declining to pay, then waiting to see if they sue you. Or you can be a bit more proactive, direct them to the Code of Civil Procedure, Sec. 340, and argue that they've blown the one year limitations period for an "action upon a statute for a penalty or forfeiture".

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Civil Demand Letter - California Penal Code 490.5

    Eh. I contacted the company and they said it was a mistake.

    All's well that ends well.

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