Can You be Charged for Money That Went Missing at Work

[Cheesehead88]

My question involves criminal law for the state of: New York

I am currently dealing with a situation at work regarding money and need immediate advice. It is standard procedure within my company, and always has been, to use deposits to make change for the remainder of the workday. During a busy time period within the store, I was making change with a deposit when a customer asked me for help. I placed the bag down on a counter near the register and stepped away for a moment. When I returned, the deposit bag was gone, nowhere to be found. I'm still unsure who took it, associate or otherwise. There are no cameras in the store and I began to panic. I was the manager-on-duty that I would be held fully responsible and be immediately fired, especially since the previous manager was fired for stealing over tens of thousands from the company. For the next few months, I tried to resolve it on my own rather than report it to the company (i.e., tried to strategize a way to repay the amount). Unfortunately, it was a lot of money, and I haven't been able to pay it back.

Fast forward to present day, my boss has discovered there's money missing and immediately accused me of stealing, regardless of how many times I was honest with him and told him the true story of what happened that day. He is now demanding that I continue to work there and pay the amount back while working there, or he will call the police and move forward with pressing charges for theft. I also want to include that he wants me to write out a statement that the money went missing and I'm agreeing to pay it back entirely. Should I do this? Can it be used against me in the future? Is there anyway I could bargain for a lower amount or does he have the right to ask for the full amount?

While I was at first trying to discover a way to pay it back, I don't think I should be forced to pay back money that anyone in the store could've taken. I know the judicial system isn't necessarily "fair", but I want to know if I have to pay back an amount where there's NO solid proof I took it and anyone in the store (customer or associate) could've taken the deposit bag.

Can I be arrested for theft? Can I be charged?

Additionally, it should be noted that I was charged with petit larceny about eight years ago -- something else I'm concerned with and wonder if that'll be used against me.

Also: I understand the recommendation of obtaining an attorney in this situation is standard, but I want to emphasize that this company is NOT paying me well and I can't afford to pay for an attorney. For a point of reference, he's currently asking me to pay back an amount that is equal to a third of my salary.

[Taxing Matters]

The money is missing and you attempted to hide that fact from your boss rather than volunteering it the moment you realized the money was missing. So its not all that surprising that the boss might suspect you took the money. The company may make a complaint to the police and if the employer can show the money disappeared on your shift that may be good enough for the probable cause needed to arrest you and charge you with theft. Whether a jury would convict you, though, is impossible to predict at this stage.

Even if you convince the employer and/or the prosecutor that you did not steal the money and instead someone else took it, you were admittedly negligent in leaving the money evidently unattended long enough for someone to steal it. So the employer may well have a good cause of action to sue you for the missing money. It is, after all, your fault that someone had access to the money and took it.

Of course, the company may fire you over this and getting fired for suspected theft/failure to follow procedures when handling the money will likely mean you’d not get unemployment compensation (though if fired you should apply for unemployment regardless since you have nothing to lose by applying for it).

[Dogmatique]

You seem to be implying that the fact the employer is not paying you well (whatever that means?) somehow removes some of the blame from you and puts it on him/them. Is that right?

[Cheesehead88]

Your response is implying that I stole the money, which I did not. Why would I be putting the blame on them? I am saying that they're aware what I make and are demanding I pay back an amount that is essentially making me a slave for the company, when I did not steal it. I understand I made errors in judgment, which I acknowledged when even talking to my boss, but I am emphasizing HERE that I make a low salary because I can't afford an attorney and do I think it's fair for someone to have to pay an amount back when it wasn't stolen? No. Again, as I said though, I realize the judicial system isn't "fair" and I wanted to hear responses as to whether I have a chance or not.

I'm almost certain there's no evidence to prove it disappeared during my shift, but I wanted to write and thank you for the response. Although I'm stressed about the situation and was hoping I wouldn't have to pay back such a large amount, you've provided me with a lot of clarity. Thank you again.

[Dogmatique]

Your response is implying that I stole the money, which I did not. Why would I be putting the blame on them? I am saying that they're aware what I make and are demanding I pay back an amount that is essentially making me a slave for the company, when I did not steal it. I understand I made errors in judgment, which I acknowledged when even talking to my boss, but I am emphasizing HERE that I make a low salary because I can't afford an attorney and do I think it's fair for someone to have to pay an amount back when it wasn't stolen? No. Again, as I said though, I realize the judicial system isn't "fair" and I wanted to hear responses as to whether I have a chance or not.

Oh, okay then. If you actually spend some time researching by reading older threads you'll see that your version of events has been told here many times. All that changes is the state. So please bear that in mind before you respond with ire.

So, were you convicted 8 years ago, or simply charged?

[Cheesehead88]

I did spend time researching and reading older threads, but considering my story is different, along with all the others who posted, I wanted to be sure I was receiving the right advice for my particular situation...rather than going off other situations that weren't exactly like mine and therefore may produce different outcomes. I'm also not an attorney, so I'm guessing circumstances can change the outcome of each case.

I was convicted 8 years ago. Would that make a difference?

[free9man]

The money was stolen at a time when you were responsible for it. It was incredibly stupid to walk away from the deposit bag. Heck, that customer who needed help could have been part of a team working to steal the money after seeing how lax your company is with security. One distracts you and the other grabs the bag. Once you realized it was missing, you should have reported it. You knew how much money was in there so you should have known there was no way you could pay it back. Your employer can ask you to repay it but doesn't really have a way to force you. He can certainly fire you. I'm surprised he didn't, probably only because he wants you to pay him back. Most business owners probably would have fired you rather than risk it happening again, accepting the loss instead of more loss if it happens again.

Can he call the police? Absolutely. Based on what you have described, there doesn't sound like a lot of evidence for a conviction much less an arrest. Unfortuntately, when the police run you and see that larceny conviction, they will come down on you like a ton of bricks. That will be, in some officers' minds, the only evidence they need that you did it. Throw in the fact you don't make much money, they start building a nice little circumstantial case. THEN throw in that you waited to report it, thus spoiling any potential physical or video evidence. You know what, forget what I said up above. A good prosecutor could probably get a conviction off this.

[cbg]

And I'll add right here that regardless of whether you can/will be arrested and charged, you can also be fired for it.

[Dogmatique]

The money was stolen at a time when you were responsible for it. It was incredibly stupid to walk away from the deposit bag. Heck, that customer who needed help could have been part of a team working to steal the money after seeing how lax your company is with security. One distracts you and the other grabs the bag. Once you realized it was missing, you should have reported it. You knew how much money was in there so you should have known there was no way you could pay it back. Your employer can ask you to repay it but doesn't really have a way to force you. He can certainly fire you. I'm surprised he didn't, probably only because he wants you to pay him back. Most business owners probably would have fired you rather than risk it happening again, accepting the loss instead of more loss if it happens again.

Can he call the police? Absolutely. Based on what you have described, there doesn't sound like a lot of evidence for a conviction much less an arrest. Unfortuntately, when the police run you and see that larceny conviction, they will come down on you like a ton of bricks. That will be, in some officers' minds, the only evidence they need that you did it. Throw in the fact you don't make much money, they start building a nice little circumstantial case. THEN throw in that you waited to report it, thus spoiling any potential physical or video evidence. You know what, forget what I said up above. A good prosecutor could probably get a conviction off this.

I tend to agree with you (no surprise there, eh?)

It's not an uncommon little scheme at all; in fact I'm surprised OP is apparently so ... "unfamiliar" ... with such a scam that s/he is so indignant - nay, outraged - by the very suggestion.

Yeah, no. Colour me cynical.

[Mr. Knowitall]

During a busy time period within the store, I was making change with a deposit when a customer asked me for help. I placed the bag down on a counter near the register and stepped away for a moment. When I returned, the deposit bag was gone, nowhere to be found.

I'm almost certain there's no evidence to prove it disappeared during my shift....

Unless you're going add that you clocked out before you returned and found the money to be gone, inconsistencies like that are used by police and prosecutors, very successfully, as evidence of guilt. Further, nobody is going to be sympathetic to the new story that you don't actually know what happened to a bag of money between when you carelessly placed it in a location that was accessible to customers and when you clocked out, because you never went back to check to see if the money was still there before or after your shift ended.

Guilty or not, you should work with a criminal defense lawyer.