[Kreios]

So yesterday I was charged with theft under 5000 at my place of work. The crime entailed stealing 600 dollars from the till. The money went to a group of former employees who I borrowed money off on occasion. They would harass and intimidate me into giving them more money then I originally borrowed from them. I worked in the photolab at our Extra Foods but was also asked to cover customer service from time to time even though it was not in my official job description.

I have so far resigned from my position, written a letter of apology explaining what I did, admitting to it and that it would not happen again, and I am also re-paying the store as of Monday in cash and in person. Im only 18 years old, turning 19 in July. I just got into university and I don't want to jeprodise my future either. Can someone explain what's going to happen now? I want to avoid jail time at all costs.

[Zazonker]

Where are you? What country/state? You use the term "into university" which is normally more a British way of saying it.

Legal problems like this are best handled without getting into any formal legal action. If the store has not yet filed action against you, it would appear that they are going to work with you. Jail time won't happen unless they bring criminal charges against you and you lose.

Your apology and repayment is a good thing. I'm a little confused on why you resigned unless they asked you to. If I were you, in addition to paying them back, I'd try to get re-instated in your job. Humility on Monday could go a long way for that. If they decide to keep you on, that will clear your work record for the future - i.e. you won't have to provide potentially embarrassing explanations on why you left that job.

Also, get away from that "group of former employees". They don't sound like friends.

You are young and have your whole life ahead of you. On Monday morning, say a prayer, go in and show them you are very sorry and you are repaying the money, tell them you like the company and the opportunity it gives you, and that you'd like to stay with them. They will probably keep you on and give you another chance. But, if they don't re-post telling us what happened and we'll go from there.

I know this is devastating to you. Come back and tell us what's happening. We care.

[JudyKayTee]

I'm going to assume you are in Canada. Theft from an employer is taken seriously. Very seriously, in fact. You are eligible for the diversion program (which varies slightly from Province to Province) and following is something I wrote about it. In the meantime you are not helping yourself by blaming other people - you took the money, not them. You are making yourself appear VERY easy to coerce or bully and that will not convince anyone that this won't happen again, perhaps with the same group of people, perhaps with another group. You are responsible for your own actions.

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Curt appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

[Kreios]

First off, I live in British Columbia and yes I am taking fully responsibilities for my actions. I could have told someone but I did not and that's my own fault. I was also asked by the company if I would rather fired or resign so I chose resign. I've already had a court date assigned to me, it's the day after I turn 19. I asked for the EXACT amount taken which is $615 and like I stated before it will be repaid tomorrow morning. I am also writing a letter to the Owner/Operator of the store to explain the situation and the position I was put in while still acceptting fully responsibility for the crime.

I will be speaking with a lawyer in the next few coming days. I've had no run in with the law before and have no criminal record. This is a first time offense as well as a last time offense.

[JudyKayTee]

I work in the Court system - once you begin to explain why you did it, you are not considered to be taking responsibility.

I realize you don't see it that way. I'll be curious to see what your Attorney advises. He may very well tell you not to write ANYONE. Your own words will be used to convict you.

And you "probably" qualify for the diversion program - if it extends to employee theft.

[free soul]

Hey,

I am in a similar situation like you right now. I never stole from my employer, however I was shoplifting in a grocery store. The total amount was $69.30. It was my first offence. I am 21 years old. I doubt you would initially get diversion because the Crown refused me diversion, even though I never stole from my work. I live just north of Toronto by the way if you wanted to know. I just hope my lawyer could change the Crown's mind and offer me a diversion.

[Fr_Chuck]

First you really really needed to talk to the attorney before you wrote any letters and ever confessed to anyone.

But at this point you have given them any and everything they need to convict you.

[Code-Red]

Yea I learned this lesson the hard way. Although it might be morally right to confess and such legally it is a big mistake. I could have gotten off all my charges if it weren't for me confessing to loss prevention about it. But maybe they will go easy on you, good luck...

[emery]

Theft from employer almost never gets diversion program in Canada although you should try and see what happens. As said before theft from employer in Canada is extremely serious and that is why it does not qualify for the diversion program otherwise yes most first time offenders for theft when not from an employer usually do get diversion program. Usually the best thing would be a discharge. Yes, the best thing would be advice from your lawyer on how to proceed.

[Kreios]

In my "hearing" at work I was TOLD to write them a letter saying what I did and was given no other option. I meerly did as I was told to do cause I was pretty much scared less.

[Ahelpinhypocrit]

When I was 15 I was charged for embezzlement and grand larceny, because I was accused of stealing $1500 from a girl I was/am friends with. Since it was my first offense, and I was under age, I was put on probation. I was on probation for I believe 6 months, and had to pay restitution back to the girl. I also had to take drug tests since there were some drugs involved, but this was all exponged off my record on my 18th birthday. I also had to do 100 hours of community service. Due to my complying with my probationary rules and not dropping dirty I only had to do 50 hours of community service and was on probation for 6 months instead of the year.

I hope this helps, and I'm anxious to hear how everything pans out for you.


The only bad thing was that the girl that did steal the money for real got off, even with theft charges on her record. On top of the victim pleaded in my favor from the beginning, so things could go either way, I hope they work out in your favor.

[JudyKayTee]

This post is about theft from an employer. Is that your circumstance?