How to Respond to an Employer's Demand for Restitution After Embezzlement
My question involves criminal law for the state of: California
Hi, first run in with serious potential criminal issues.
I had recently left a job after they had suspected of me embezzling very small amounts of cash by altering cash paying transactions and keeping the money. It falls under petty theft, and I did not sign any admission of guilt, nor once uttered the words that I was guilty. No arrests were made, and there is no actual "proof" of me taking cash from a register, via camera or visible witness. just a bunch of numbers that were not adding up which lead to their "investigation" When I finally got wind of suspicion, i resigned. My employer had told me that no charges were being pursued however now has been contacting me via email/text demanding I pay restitution and a much heftier sum than even thought to be taken. Is this an attempt to get an admission of guilt from me? I have not responded but am also not sure how to proceed from here. Should I seek hiring a legal council and direct all further matters from my former employer to my lawyer? What is the worst case scenario given the stated facts? Is my employer bluffing because they do not have enough to file an actual legal report against me?
Re: How Should I Proceed Being Asked for Restitution from My Former Employer
Do not speak to the employer, the police or anyone else about the matter without a lawyer present. Ignore them in the meantime.
Re: How Should I Proceed Being Asked for Restitution from My Former Employer
I see that you are being very careful not to say that you did not steal the money the employer thinks you did. So, since it appears that you are guilty whether you think they can "prove" it or not, hire an attorney and shut your mouth.
Re: How Should I Proceed Being Asked for Restitution from My Former Employer
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iamnotacrook
Should I seek hiring a legal council and direct all further matters from my former employer to my lawyer?
That's up to you but I don't see the need for a lawyer unless you are:
a - Prosecuted
b - Sued.
Meantime, keep your mouth shut.
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iamnotacrook
What is the worst case scenario given the stated facts?
You want the worst case scenario?
Jail.
Successful lawsuit.
Best case scenario?
Nothing happens.
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iamnotacrook
Is my employer bluffing because they do not have enough to file an actual legal report against me?
As much as I'd like to be telepathic, I'm not.
Understand, though, that the burden of proof in a lawsuit is less strict than the burden of proof in a criminal prosecution.
Re: How Should I Proceed Being Asked for Restitution from My Former Employer
If you took the money you should pay them back without admitting anything. In court they don't have to prove a crime, they only have to prove a tort which is much easier to prove legally. If it's a small amount they are not likely to spend money to sue you. But as I said, the moral thing to do if you took their money is to give it back. Of course you appear to want advice on what you can legally get away with. I'm sure you already knew the right moral action, but you don't seem inclined to go that route. I don't think anyone can give you fool-proof sure-fire advice on how to get away with your crime, nor should they.
Re: How Should I Proceed Being Asked for Restitution from My Former Employer
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adjusterjack
Understand, though, that the burden of proof in a lawsuit is less strict than the burden of proof in a criminal prosecution.
That was going to be among the things I said.
And based on the fact that I get the feeling that you are guilty, and it seems most other people responding have the same inclination, you would likely have an issue if you went to court.
That being said, even if you did not commit the crime, it seems like there is some evidence (or at least circumstance) that points in your direction.
You are going to have this hanging over your head until the moment is it resolved, whether that be personally or legally.
If you can bare that, the emotional strain and uncertainty of not having this resolved, then just wait to see how it plays out.
But as everyone has said already, wait in silence.
Re: How Should I Proceed Being Asked for Restitution from My Former Employer
I concur...
Keep your mouth shut
Ignore them
Wait until they prosecute
Then get a lawyer or pay their demand - whichever is cheaper.
Re: How to Respond to an Employer's Demand for Restitution After Embezzlement
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iamnotacrook
Is my employer bluffing because they do not have enough to file an actual legal report against me?
What is a "legal report"? Do you mean a "police report"? If so then no proof is needed to file a complaint report with the police. No one can guess what your ex-employer will do or whether they do, in fact, have proof of anything.