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-   -   Theft from employer. What am I looknig at? (https://www.askmehelpdesk.com/showthread.php?t=589670)

  • Jul 27, 2011, 12:08 AM
    littlemiss55
    Theft from employer. What am I looknig at?
    For about the last two months I have been taking money from my boss when helping with cash outs. I estimate it's around $6000 that I have taken, but he does not know that any of it is missing. If I repay it without him knowing, what kind of trouble will I get into? The only actual proof of stolen money that they can have is the amounts I deposited into the bank, $3700. If I only repay that, will they have any grounds to charge me with theft if they cannot prove that I stole the other money? I have never been in trouble with the law before, and I would do anything to stay out of jail. What consequences am I possibly looking at if I just put back the money without him knowing?
  • Jul 27, 2011, 04:52 AM
    JudyKayTee

    I would do NOTHING without consulting with an Attorney. There are potential pitfalls to "repaying" the money you stole as well as very well problems (obviously) if you are caught.

    I would worry less about what your boss can prove - you stole $6,000 and intend to repay $3,700 and wonder if you'll still be charged with theft? - and more about repaying the total amount.

    Again - you need a GOOD criminal Attorney now, before you are arrested.

    Employee theft is not treated lightly, no matter where you are.
  • Jul 27, 2011, 04:55 AM
    joypulv
    You mean that are you worried that he will notice if you put it back?
    It's possible that he only balances the books once a quarter, and will find out, who knows.

    I would suggest handing him 6K and saying you are sorry and quitting on the spot, and warning him to be more careful. Or handing him 6K and saying, I did this as a test, this is what can happen if you don't keep better books. (That takes a lot of guts, and could still get you fired or possibly charged.) Or putting it back a little at a time, the same way you took it out, which can also backfire. I like the second one, but it's sort of a lie, so you should really do the first.
  • Jul 27, 2011, 04:56 AM
    joypulv
    While I was typing, JudyKayTee said to get a lawyer. Better idea.
  • Jul 27, 2011, 04:57 AM
    JudyKayTee
    Quote:

    Originally Posted by joypulv View Post
    You mean that are you worried that he will notice if you put it back?
    It's possible that he only balances the books once a quarter, and will find out, who knows.

    I would suggest handing him 6K and saying you are sorry and quitting on the spot, and warning him to be more careful. Or handing him 6K and saying, I did this as a test, this is what can happen if you don't keep better books. (That takes a lot of guts, and could still get you fired or possibly charged.) Or putting it back a little at a time, the same way you took it out, which can also backfire. I like the second one, but it's sort of a lie, so you should really do the first.


    Good thoughts - I do think that without an Attorney this could be a disaster.

    I also note that OP stole $6,000 and is intending to repay a lessor amount, concerned about what the boss can "prove."

    My thought is that the boss already has a clue - or else why the specific lessor amount?
  • Jul 27, 2011, 07:04 AM
    joypulv
    A further thought is on the words 'cash out.' To me that means cash income that won't be reported to the IRS. Not sure what it means to you. But the point is that just because your boss is cashing out doesn't mean that he isn't keeping records. He most likely is, because even people who pay under the table sometimes want to take something back or complain about service, or they don't always know they are off the tax books. Or the boss keeps two sets of books, one for himself or selling the business (the higher income) and one for taxes (the lower). I'm saying this because the odds of him knowing are probably greater than you think; it's just that not everyone balances the books once a month.
  • Jul 27, 2011, 08:52 AM
    kcomissiong
    Cash out is a pretty general term for balancing things at the end of a shift in retail. At the end of a night, you cash out your register, or if you work as a server, you would cash out, by turning in your cash tables and credit card receipts to your manager to rectify with your sales. I can't tell if the OP was just using this generically, or if he was referring to unreported income.
  • Jul 27, 2011, 09:17 AM
    ScottGem

    There is a strong likelihood that you will be caught. The shortfall WILL be noticed when the business's accountant tries to balance the books. Since you were involved in doing the cash outs, you will be suspected. If you were the only one helping the boss on those days, then that should be sufficient proof since its unlikely the boss would steal from himself.

    So you have two hopes, if you can put the money back before the shortfall is noticed, you may escape detection. If not, you may very well be arrested, or, at the least, fired.
  • Jul 27, 2011, 09:53 AM
    AK lawyer
    Quote:

    Originally Posted by joypulv View Post
    ...
    I would suggest handing him 6K and saying you are sorry and quitting on the spot, and warning him to be more careful. Or handing him 6K and saying, I did this as a test, this is what can happen if you don't keep better books. (That takes a lot of guts, and could still get you fired or possibly charged.) Or putting it back a little at a time, the same way you took it out, which can also backfire. I like the second one, but it's sort of a lie, so you should really do the first.

    Quote:

    Originally Posted by JudyKayTee View Post
    Good thoughts - I do think that without an Attorney this could be a disaster.
    ...

    I don't believe an attorney could ethically counsel the 2nd or 3rd courses of action. I don't at all mean to impugn Joypulv; it's just that attorneys are held to a different standard.
  • Jul 27, 2011, 10:30 AM
    Fr_Chuck

    1. even if you put back every penny, of the 6000 dollars, if they can show with evidence that you took the money, they can change you will the felony of stealing it. Since you did take it, paying it back does not change that fact.

    2. paying back part is nice, but it is still theft, just trying to make it sound nicer.

    3. If you don't pay it back, and get caught, of course it is worst.

    If you pay him the full amount back, he may not call the police and allow you just to quit. ** but don't count on them as a reference.

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