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  1. #1

    Default Can You Be Charged With Embezzlement for Taking Side Jobs

    My question involves business law in the state of: Texas

    My brother was fired today from an A/C & Heating business for doing side work for two clients of that business

    The employer told him that he had until noon to pay them $1600 to avoid a criminal charge

    He never signed anything stating that he could not do side work, I personally helped him with this work but I was no longer working for this company.

    The employer is saying that he will get us with embezzlement charges if we do not pay, my question is is this a criminal case of a civil one?

    What exactly is the employer aloud to do?

  2. #2
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    I think that your brother should talk to a criminal law attorney ASAP. I don't think that this qualifies as a crime. I think it would be civil issue at best. However, I am not certain hence my suggestion to speak to a criminal law attorney.

  3. #3
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    Jun 2013
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    I agree with llworking, this is going to come down to the details. If this work was solicited, and performed outside of the time he was being paid by the business, then I don't see any criminal issue. If he performed work and the customer believed he was doing it on behalf of the business, or the business organized the work, then he just did it and kept the payment for himself then he is in a much worse situation. He really needs to find a lawyer, and be 100% honest with him. The devil is in the details here.

  4. #4
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    If this work was obtained on the employers time or using his equipment, I am going to go for a successful lawsuit for tortuous interference with a business relationship for $1600 Alex.

  5. #5
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    Quote Quoting KevinsKaotic
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    My question involves business law in the state of: Texas

    My brother was fired today from an A/C & Heating business for doing side work for two clients of that business
    Perfectly acceptable for employer to fire him provided he doesn't have a contract with his employer that allows him to compete with his employer.

    Those facts do not constitute embezzlement. Are you sure that is all there is to it? Could it be that the jobs were contracted for with the company and your brother did the job and took payment for the jobs without giving the company the money? If so, that would be embezzlement.



    Quote Quoting KevinsKaotic
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    The employer told him that he had until noon to pay them $1600 to avoid a criminal charge
    Was the work contracted for by the company?

  6. #6
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    Quote Quoting JulesJam
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    Perfectly acceptable for employer to fire him provided he doesn't have a contract with his employer that allows him to compete with his employer.

    Those facts do not constitute embezzlement. Are you sure that is all there is to it? Could it be that the jobs were contracted for with the company and your brother did the job and took payment for the jobs without giving the company the money? If so, that would be embezzlement.



    Was the work contracted for by the company?
    I suspect one of two things....

    The first being that the jobs were truly outside jobs.

    The second being that the jobs were originally quoted by the company, but the "employee" offered to do them as side jobs for a lessor amount.

    Neither is embezzlement. The second could be a civil issue but even then, its not guaranteed.

    Example...I need a new roof. I am getting quotes. I cannot afford any of the quotes I have received. I am not going to accept any of them because I flat out cannot pay that cost. One of the employees of one of the companies gives me a quote as a side job that I CAN pay. I accept that quote. That person does the work on their own time.

    That might be a civil issues but its absolutely not a criminal one.

  7. #7
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    Time to pay up. There's no criminal issue here, but he definitely will owe his formal employer (and will also be disqualified from any unemployment benefits).
    Embezzlement how? Did he use employer supplies to complete any of these jobs? Or purchase supplies with the employer's money, which were then used for these "side jobs"? Either way, he directly took business from his employer (likely from clients he met from working for said employer).

  8. #8

    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    This situation is correct, the clients we did work for had bids from our employer which were not affordable, we just bid lower and got the work, which was completed after hours, our time our materials, tools etc.

    However as the day has developed, I have learned that from one of the two jobs my brother may or may not have stolen the part which is around $300 from the company, if it was stolen I didn't know it was so I'm wondering how this will play out for me

    The employer has alot of cops and chiefs in his back pocket

    - - - Updated - - -

    This is how it has worked so far, we went out and completed the job for 800 our company gave them a bid of 1600

    Since the part may be stolen, the employer is blackmailing us into paying them back their price that they quoted the client, without being for sure if they will or will not file charges

    What we were thinking about doing was just buying the part and giving it back to the employer before any charges are made, I'm not to sure how to move forward with this

    I just know that the employer is very connected

    - - - Updated - - -

    What does that lawsuit entail?

  9. #9
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    Quote Quoting KevinsKaotic
    View Post
    This is how it has worked so far, we went out and completed the job for 800 our company gave them a bid of 1600

    Since the part may be stolen, the employer is blackmailing us into paying them back their price that they quoted the client, without being for sure if they will or will not file charges
    If that is what they are saying - pay us $1600 to prevent us from filing charges against you for stealing a $300 part - that reeks of extortion. You can report them to the DA. But of course, your brother will face a theft charge.

    Do NOT go saying anything about the extortion to them without consulting an attorney. This is an incredibly serious charge to make against someone.


    Quote Quoting KevinsKaotic
    View Post
    What we were thinking about doing was just buying the part and giving it back to the employer before any charges are made, I'm not to sure how to move forward with this

    I just know that the employer is very connected
    time to pay for a criminal attorney in your jurisdiction for advice.

  10. #10
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    Default Re: Can You Be Charged With Embezzlement for Taking Side Jobs

    Tortious interference with a business relationship is not blackmail.

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