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jerm41blaze · Sep 21, 2009, 06:05 PM

I have been recently fired from my job at a Gym in my area. My boss claims that I stole 250 dollars in the past 4 weeks from people that make cash payments. He fired me and refused to give me my last paycheck which would have been 300.00 dollars. I left still maintaining my innocence but not wanting to cause a scene. (after he accused me he started getting very hostile and verbally abusive without letting me say anything) I left and went on with my own life. I heard from him today and he saying that if I don't pay him the 250 he will press charges on Friday and tell other gyms that I stole from him. Problem is I DID NOT steal any money. Every payment I made I put in cash envelope and printed receipt for customer.

I do not know what to do now. I didn't steal any money and he wants to press charges. I won't pay back the money because I did not take anything. On top of everything he refused to give me my last paycheck of 300.00 so I don't know why this guy is coming after me for the money. What should I do? He has no video proof of anything and no witnesses, the only evidence he thinks he has is the paperwork that shows payments and that he claims he never got the cash. It basically is a "he says I did, I say I didnt" case. What's going to happen if he files a police report?
Thanks for any help or advice.

JudyKayTee · Sep 21, 2009, 06:08 PM

If you didn't do anything wrong or illegal you let him file a Police Report, you get arrested (if the Police feel it's worth arresting you), you go to trial, you are found innocent, you sue your employer for filing false charges - if he knows they are false and it would appear that he must.

Or you pay him the money and he goes away.

jerm41blaze · Sep 21, 2009, 06:12 PM

So I get arrested just because he filed a police report? And I know he does not have any evidence accept for the fact that he said he never got the cash. And that its "missing". Is that enough evidence to arrest me or what would they need?
Reason for my worry is I am on probation for a speeding/racing charge I got a year back. Its also frustrating because I was 1 of many that had access to the office.

excon · Sep 22, 2009, 05:47 AM

Hello j:

I agree with you. You SHOULD NOT pay back money you DIDN'T steal.. By that same token, you SHOULD file a small claims case for YOUR money... If you DON'T, it could be said that you stole, and decided to use your paycheck to pay it back...

excon

JudyKayTee · Sep 22, 2009, 06:05 AM

Originally Posted by excon

Hello j:

I agree with you. You SHOULD NOT pay back money you DIDN'T steal.. By that same token, you SHOULD file a small claims case for YOUR money... If you DON'T, it could be said that you stole, and decided to use your paycheck to pay it back....

excon

Out of greenies but, yes, excellent advice.

And as far as if it's right/fair for your employer to file a Police Report for the missing funds the Police may or may not take the report, the DA may or may not go forward. It's sort of a mixed bag.

If you file for your salary I would expect your employer to countersue for what he claims is missing - if he has no proof and you didn't take it I see that going nowhere.

stevetcg · Sep 22, 2009, 06:11 AM

Oh, and if there is no proof found that you stole the money and he starts telling other gyms that you stole money and you are unable to get a job because of it, you might very well have a civil case against him (slander/defamation).

But like Excon said, don't pay him anything you didn't take and sue him for what he owes you. Don't let him bully you. If you didn't do anything wrong, let him talk and bluster all he wants.