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-   -   Theft From employer (https://www.askmehelpdesk.com/showthread.php?t=67958)

  • Mar 2, 2007, 08:19 AM
    the_one05
    Theft From employer
    I have recently received a letter form my past employer who is seeking just over $20 000 for funds that he is claiming I stole. I live in Ontario Canada and am 18 years old. Money was taken on my part but it was around the $5000 mark, either just under or just over. In the letter he is giving me 15 days to repay the amount before he takes legal action. In the letter he has added in thousands of dollars worth of interest on the stolen money as well as accountant fees, which are close to $3000. He has also added in close to $10 000 that I did not take and I have reason to believe that he is just trying to blame it on me since he has some evidence that I had taken money from this store. I am not sure what the stolen money he is claiming is for, some was taken as cash from the till ( for which he may or may not have camera footage), some was transferred directly into my bank account by means of a product return (although I do not believe that he could find out who's account that is without the account holders permission), and I believe that some of the money he is claiming is from missing inventory which I only took small amounts of. What will happen once this goes to court and what kinds of things do I need to know and what kinds of consequences I can expect. If you have any further questions feel free to ask to get clarification.
  • Mar 2, 2007, 11:05 PM
    CaptainForest
    $20,000... that is NOT an amount for small claims court (limit 10,000).

    Once you get served, go get a lawyer.

    What ever happened with criminal charges? Were you ever prosecuted? Were you 17 at the time?
  • Mar 2, 2007, 11:17 PM
    Fr_Chuck
    If this is a settlement offer so he will not press criminal charges, you may well want to consider it. Since legal fees to do a defense against serious criminal charges will be big. As would fines, restitution and other fees.

    I would get an attorney, but if this is as I read it, a offer to settle and not to press any criminal charges, it may be well worth it. Esp if he has some evidence against you
  • Mar 2, 2007, 11:19 PM
    CaptainForest
    Fr Chuck,

    If he was only 17 (or younger) at the time, criminal charges will be nothing…maybe some community service and then he will have his record wiped cleans since he was under 18.

    If he was 18 at the time of the incident, that is another story.
  • Mar 3, 2007, 03:37 PM
    the_one05
    I was 18 at the time. And I do not want to pay the full amount because I did not take most of what my previous boss is trying to claim. No legal action has been taken, all I have received is the letter but. He is threatening to take legal action if the amount is not paid in the next 15 days.
  • Mar 6, 2007, 04:26 PM
    landlord advocate
    Is anyone else wondering what kind of employer doesn't want to bring this to the police? And why? Please tell us what kind of business this is. Theft by an employee is usually covered by insurance isn't it? If all the employer's ducks are in a row, why isn't the employer turning this individual in to the police and going to his insurance agent for everything but the deductable? Thought?
  • Mar 6, 2007, 04:48 PM
    the_one05
    Quote:

    Originally Posted by landlord advocate
    Is anyone else wondering what kind of employer doesn't want to bring this to the police? And why? Please tell us what kind of business this is. Theft by an employee is usually covered by insurance isn't it? If all the employer's ducks are in a row, why isn't the employer turning this individual in to the police and going to his insurance agent for everything but the deductable? Thought?

    This is a sports store, and that is the reason for my confusion. I was stealing and it was in the thousands but it was under $5000 for sure. And he is trying to claim $18000 (before accountant fees and interest). I have not heard from the police, all I have received is this letter which comes close to 3 months after I was fired and he states that if the money is not received in 15 days then he will take legal action.

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