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  1. #1
    Join Date
    Feb 2011
    Location
    Ohio
    Posts
    2

    Question Mother of Three Kids, Accused of Refund Fraud Under $300.00

    My question involves criminal law for the state of: OHIO
    I am the mother of three kids, I have custody of my youngest child 11yrs old. I recently work two part time jobs and go to college full time for radiology. I am going through servere fininacial problems so I started taking cash advances out through the internet that now have wiped out my long term bank account with PNC...resulting in me having no money to live on because direct deposit and fees resulted in overdrafts and a frozen account. My next huge mistake was resulting in criminal charges... I had been ringing in refunds at my job in small increments of $20 - $40- $60 to buy gas or even small amounts of food.... Desperation of my situation growing. I have never done anything like this before... Loss prevention at my job where I was doing this confronted me and I took full responsibilty for the situation and the total of money was $239.00. I don't know what to expect to happen. I asked the loss prevention specialist. She responded in some cases u may get to pay restitution in full back to the company. I am more than willing to pay the money back. I was sent home. I was terminated. The police came in and told me never to set foot on the premices again. I am sure I will be charged with theft. To make matters worse I live in a small town. I am still employed at my other job which I am a shift-leader and am responsible for money there. But I stress a very small town...so I am now concerned I will loose my second job based on the knowlegde that I committed theft. Can they fire me based on that? Can I loose custody of my minor son? I am broke so I feel utterly helpless. Based on what I have told you. I have a charge of passing bad checks...misdemeanor dating back in 2003. I had probation of 5 years. Making that 11yrs ago. I haven't been charged with anything but I am fully expecting it to come. What can I do to help my situation? Please ...any advise is greatly appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Mother of Three Kids, Accused of Refund Fraud Under $300.00

    I can respond to the employment issues; there are others more qualified than I to respond to the custody issues.

    Yes, you can legally lose your second job if it becomes known that you committed theft on your first job. Or even suspected of it. Ohio (like 48 other states) is an at-will state which means you can be fired for any reason not specifically prohibited by law. I can promise you that no law exists which says you cannot be fired on suspicion of dishonesty.

    Whether you WILL lose your second job is not something I can address - my crystal ball is out being cleaned. What I can tell you is that you CAN. It will be up to your employer.

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Mother of Three Kids, Accused of Refund Fraud Under $300.00

    You can definetely lose your job if you are charged with the theft. You can't lose your child just because you were charged with a crime. The state, if interested, can do a home inspection, etc to determine if the enviroment is safe for the child.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Mother of Three Kids, Accused of Refund Fraud Under $300.00

    Regarding the job issues:
    - The employer that has terminated you for theft from them....do not expect to be eligible to collect Unemployment.
    - Your other employer, as CBG mentioned, can terminate you. Definitely, they may think "Well, she stole from Employer A, so she is capable of stealing from us, too".

    For punishment...Since the police are involved, you can expect to appear in court to face criminal charges. You can expect to have to repay the store, PLUS damages. You can expect court costs and fines.

    When you go to court, you will want to plead Not Guilty and ask for a Public Defender. This will also cost money.

    (All in all, $2000+ is a good starting figure).

    You will also find that you will have a criminal record that will haunt you for a long time. You may even have difficulty finding employment even with that college degree you are working towards. Your name may also be in the National Retail Theft Database, if the employer subscribes. Even if the charge is reduced, it can show up on background checks. And you are going to have to answer honestly on job applications - have you ever been terminated? For what reason?

    Custody...this is not legal advice, just common sense. If the father of your child feels you can't take care of him/her properly, then Dad does have the option of going to court for full custody, and could use your financial situation to show that living with him would be the best interest of the child....and the shoplifting charge could be brought up as part of that issue.

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Mother of Three Kids, Accused of Refund Fraud Under $300.00

    If the child living with dad is an option while you get yourself together, I would suggest you look into that... sooner than later.

  6. #6
    Join Date
    Feb 2011
    Location
    Ohio
    Posts
    2

    Default Re: Mother of Three Kids, Accused of Refund Fraud Under $300.00

    Thank you for all the responses. I have been giving a lot of thought to all my responses. I may have made a really bad decision based on my circumstances which have only added more problems to myself. I realize that. It is very crucial at this point that I do not make more. Which is why I am asking for as much information as possible to help make the right decisions from today. I can't change yesterday but I can move forward making the right choices today.

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Mother of Three Kids, Accused of Refund Fraud Under $300.00

    That's a good attitude to have. Good luck to you.

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