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djmadmike99 · Feb 18, 2008, 10:04 AM

I just ended a job working for a furniture store who stated that they were going out of business about 2 weeks ago. The director of loss prevention calls me today and states that they have some discrapancies with some money and want me to pay restitution of 11000.00 dollars or that they will file criminal charges. He will not give me any specifics, and stated that their attorney would draft up an agreement for me to sign or we can go the legal way.

My question is even if I repay the money and sign this agreement is there any guarantee that they will not still file criminal charges? I have done none of the wrong doing but do not want my name dragged through the mub because in the state of Georgia you can charge anyone with anything with or without proof. What should I do?

progunr · Feb 18, 2008, 10:09 AM

From the tone of your question, It would sound to me that you are in some way responsible for this $11,000?

Otherwise, who in their right mind would even consider paying this kind of money, if you have really done NOTHING?

If you really did nothing, I'd tell them to shove it and take me to court, how can they prove anything, if you did nothing?

Good Luck.

shygrneyzs · Feb 18, 2008, 10:14 AM

I would never sign something I did not claim was my doing. If there were no specifics given, why in the world sign for responsibility? Eleven grand is a lot of money. Get a lawyer. Don't sign anything. Make them prove this, in court if need be.

excon · Feb 18, 2008, 10:16 AM

Originally Posted by djmadmike99

in the state of Georgia you can charge anyone with anything with or without proof. What should I do?

Hello dj:

If you didn't take the money tell 'em to stick it.

I don't know what kind of experience you have in the law, but your information isn't correct. If you operate as though it is, that's a BIG mistake.

Although Georgia isn't a very progressive state, they still need PROOF in order to get a conviction, and they need proof in a civil lawsuit.

excon

djmadmike99 · Feb 18, 2008, 10:19 AM

Well I was the manager of the store, and wasn't taking my resposibility the right way after I found out we were going out of business. The only proof they have is my passcode on the tickets they claim are discrepancies. When everyone in the store all 8 employees have free access to. I don't have a criminal record and would like to keep it that way. I just want to know if this is something companies do when they can't prove a case. I have not acknowledged any wrong doing on my behalf... I just clearly stated I don't want my name dragged through the mud and if it takes paying this I will. As long as criminal action doesn't follow.

JudyKayTee · Feb 18, 2008, 10:24 AM

Originally Posted by djmadmike99

Well I was the manager of the store, and wasn't taking my resposibility the right way after I found out we were going out of business. The only proof they have is my passcode on the tickets they claim are discrepancies. When everyone in the store all 8 employees have free access to. I dont have a criminal record and would like to keep it that way. I just want to know if this is something companies do when they can't prove a case. I have not acknowledged any wrong doing on my behalf...I just clearly stated I dont want my name dragged through the mud and if it takes paying this I will. As long as criminal action doesn't follow.

Believe what Excon says.

Also - I'm sure you realize paying this sounds like you are guilty. There are no guarantees that after you pay it - if you do - criminal charges won't be filed.

And don't do ANYTHING without an Attorney.

excon · Feb 18, 2008, 10:28 AM

Originally Posted by djmadmike99

As long as criminal action doesn't follow.

Hello again, dj:

Well, of course, you took the bread. But, I'm not here to judge.

Yes, if you can pay it back, and get their promise in writing NOT to seek criminal charges, you have a shot.

However, if they lie and call the cops, the cops aren't obligated by the stores agreement and the cops'll do what cops do. It ain't pretty. Can they use the fact that you paid the money back as evidence of your guilt?? Uhhhh, Yeah!

After you get out of the joint, you can sue the company for breach of contract. That's something.

If it were me, I'd hire a criminal attorney TODAY.

excon

djmadmike99 · Feb 19, 2008, 04:02 PM

Just to keep you guys updated I just got off the phone with an attorney who basically said that they do not have a case against me if they are coming at me in this avenue because if they did they would just pursue criminal charges which if ended in a conviction would make me pay the money back anyway. He stated that I have 2 options either pay them back and take their word for it that they would not call the police or pursue any further action or I could spend twice as much on attorney fees to go to court on moral reasons. I don't know what to do?

shygrneyzs · Feb 19, 2008, 04:31 PM

Pay the attorney. You have no guarantee, just the employer's word, that there will not be further repercussions if you pay up. If you are innocent, then why pay now? I still say let them prove this in court. Pay the attorney, or did I say that already?

magprob · Feb 19, 2008, 05:43 PM

Your pass code on the tickets is all they need to prove your guilt. Looks like you are stuck.