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Can You Face Criminal Charges for Employee Discount Abuse

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  • 03-21-2018, 12:14 PM
    TheOriginalOne
    Can You Face Criminal Charges for Employee Discount Abuse
    My question involves criminal law for the state of: Vermont

    Hi,

    During the past 4 weeks I have bought items for a total of 15,000$-20,000$ using my employee discount and have been selling these items for profit. These are electronics of high value with a particular brand.

    Is this illegal and can I be prosecuted / sued for buying large amounts of items at employee discount price and selling it to people at lower than retail price?


    Thanks
  • 03-21-2018, 12:16 PM
    LegalWriter
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    Sorry, this site only deals with US laws. I'd suggest you consult a local solicitor.
  • 03-21-2018, 12:18 PM
    TheOriginalOne
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    could you still give me advice on legal law in the US? Id be happy to know. thanks
  • 03-21-2018, 12:21 PM
    hr for me
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    what are your employer's policies? What documents did you sign at new hire regarding your employee discount or at purchase when you use your employee discount?

    Generally at some point, I suspect your employer will audit employee purchases, especially for very large amounts and will wonder why you needed 22 TVs (or whatever). It is possible they will consider it theft of profits.
  • 03-21-2018, 12:24 PM
    TheOriginalOne
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    Quote:

    Quoting hr for me
    View Post
    what are your employer's policies? What documents did you sign at new hire regarding your employee discount or at purchase when you use your employee discount?

    Generally at some point, I suspect your employer will audit employee purchases, especially for very large amounts and will wonder why you needed 22 TVs (or whatever). It is possible they will consider it theft of profits.

    In policies and documents signed; only states misuse of employee purchase can be up to dismissal. Does not speak of sueing or criminal charges. Although i do agree 20,000$ is a large amount, but what if i get into the higher 50,000$ maybe 70,000$ would it then be obvious for me to get sued? And on what grounds? I take the items and sell them to people out of the store, not actual people in store.
  • 03-21-2018, 12:34 PM
    free9man
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    Having worked internal investigations for multiple large retailers, I can speak from my experience. Discount abuse cases were not referred for prosecution, the offenders were just terminated. Your employer may try to get an egregious case like this referred for prosecution but I don't think it's likely to be picked up. The prosecutor would have to somehow shoehorn your conduct into fitting a criminal statute. You were not really stealing from your employer. You paid the agreed upon price. People buy stuff at reduced prices to flip all the time.

    They could also try to sue you as someone who bought from you was a customer that they lost. They'd have a hard time proving it but they could make you shell out a lot of money in the process.

    Did you ever work any deals on the clock or on the property?
  • 03-21-2018, 12:54 PM
    TheOriginalOne
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    Thank you for your response Freeman!

    I have never worked any deals on the clock or on the property, that is just wrong. Ok glad to hear that it is hard for them to sue or prosecute.. even for amounts higher like 70,000$?. That is a lot of dough.
    Also i have a question concerning the bank maybe you can help me answer.
    I have deposited over 25,000$ in the last month and am scared of being questioned if I continue to do so.. I am a student, this is why maybe it can raise red flags. Although the deposits are in the 1-4k range.

    Have you ever witnessed or worked on a case with big amounts of money involved?

    Thanks.. I have been stressing with this a little bit and I am glad to have some opinions and input!
  • 03-21-2018, 01:08 PM
    PayrolGuy
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    Banks are required to report suspicious activity. Usually the number is $5K for an account that doesn't usually have that sort of transaction but $25K in a month could trigger it.
  • 03-21-2018, 01:11 PM
    TheOriginalOne
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    Ok, and do they look at cash and transfers from other accounts the same way? Do they link different bank accounts if you have other accounts open with different banks?

    Also 25k as deposits but there were also some big transactions going out. Does this make it better?

    Just a question im curious
  • 03-21-2018, 01:18 PM
    PayrolGuy
    Re: Employee Discount Abuse 15,000$-20,000$, Can I Prosecuted for Buying and Selling
    The law requires they report "suspicious activity". Yes, it is that vague.

    A bank will see what happen between accounts in that bank and what they send and receive to other banks. They have no clue as to what happens at another bank.


    ETA: Services like PayPal have to follow the same requirements.
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