Theft Amounting to $350

[mits5k]

My boss has terminated me over a misunderstanding. He has run his business in such a way that he allows his employees to make some side money with customers under the umbrella of the same company by dealing directly with the customers and on our own time. I asked him permission to do some such deal, which he gave me. However, he doesn't remember this conversation, and has terminated me because he feels as though I stole the customer from him, and that I've essentially perpetrated theft against the company. The total amount of the transaction that landed in my pocket is $350, which I am now planning to give to him to try to smooth things over.

If he should pursue legal action, what kind of penalties or punishments might I be looking at in the state of California?

Does giving him the money ameliorate the situation at all from a legal standpoint?

Any help, advice, or insights thrown my way are greatly appreciated.

 

[tranquility]

Describe what you actually did. I don't see any elements of "theft" in what you wrote. But, you were rather vague.

 

[mits5k]

Thanks for the quick reply!

I work in a print facility. I asked my boss if he'd be okay with me doing a cash deal for the following week, when he'd be out of town. He said he was. I printed a large banner and sold an inventory frame (to support the banner) to the customer-- something for which precedent exists within the company. He does not remember giving me permission to take a cash deal, and I never gave him the details of it or further explained it to him after his initial permission. I kept the $350 which I quoted the customer after the transaction was completed. He now feels like I've stolen from him.

 

[Zigner]

Thanks for the quick reply!

I work in a print facility. I asked my boss if he'd be okay with me doing a cash deal for the following week, when he'd be out of town. He said he was. I printed a large banner and sold an inventory frame (to support the banner) to the customer-- something for which precedent exists within the company. He does not remember giving me permission to take a cash deal, and I never gave him the details of it or further explained it to him after his initial permission. I kept the $350 which I quoted the customer after the transaction was completed. He now feels like I've stolen from him.

So do I...

 

[Antigone*]

Thanks for the quick reply!

I work in a print facility. I asked my boss if he'd be okay with me doing a cash deal for the following week, when he'd be out of town. He said he was. I printed a large banner and sold an inventory frame (to support the banner) to the customer-- something for which precedent exists within the company. He does not remember giving me permission to take a cash deal, and I never gave him the details of it or further explained it to him after his initial permission. I kept the $350 which I quoted the customer after the transaction was completed. He now feels like I've stolen from him.

You used your the resources (inventory, time and equipment) that belonged to your boss and though that you could keep the money that was earned from the transaction?

Your boss would have to be an idiot to okay such a deal. I would have fired you too.

 

[tranquility]

Thanks for the quick reply!

I work in a print facility. I asked my boss if he'd be okay with me doing a cash deal for the following week, when he'd be out of town. He said he was. I printed a large banner and sold an inventory frame (to support the banner) to the customer-- something for which precedent exists within the company. He does not remember giving me permission to take a cash deal, and I never gave him the details of it or further explained it to him after his initial permission. I kept the $350 which I quoted the customer after the transaction was completed. He now feels like I've stolen from him.

Selling merchandise prepared by the company (in that company inventory or goods were used) could be embezzlement. If permission was not given, you did steal from the company. Of course, the state would need to prove you did not have the owner's consent and the testimony of others in similar circumstances might help. Giving the money back would not help your legal situation, but could convince the owner from reporting you to the police.

He has a problem as well. Allowing such things to go on is probably a tax issue. I assume he is reporting the payment for the inventory items (Ink, paper, banner material, etc.) as an expense or COGS, but is allowing it as a benefit to increase employee pay beyond that amount being reported on their W-2. As well, I suspect the employees are not reporting this "bonus" on their taxes which would make the owner complicit to their tax problems too--especially, well, I would explain more but suffice to say it would be a mess.

Unless you've already admitted everything to the owner, I'm not sure how much I'd talk about things right now with him. If the police come calling, don't give them any answers. You have the right to remain silent; use it.

 

[mits5k]

Okay. Except he gave me permission to do it, and as I mentioned these situations are well precedented within in the company.

But that's neither here nor there. I'm not asking for clarification on IF I stole from him. I'm wondering what punitive measures could be brought against me should any legal action be taken, and if giving him the money for my project remedies anything from a legal standpoint.

 

[Zigner]

Okay. Except he gave me permission to do it, and as I mentioned these situations are well precedented within in the company.

But that's neither here nor there. I'm not asking for clarification on IF I stole from him. I'm wondering what punitive measures could be brought against me should any legal action be taken, and if giving him the money for my project remedies anything from a legal standpoint.

I would suggest that you not do anything without speaking to an attorney.

Offering to return the money may actually do you more harm than good, from a criminal-law aspect.

 

[tranquility]

Okay. Except he gave me permission to do it, and as I mentioned these situations are well precedented within in the company.

But that's neither here nor there. I'm not asking for clarification on IF I stole from him. I'm wondering what punitive measures could be brought against me should any legal action be taken, and if giving him the money for my project remedies anything from a legal standpoint.

It is the crime of embezzlement if you did not have permission. He will say you did not have permission. Since he may be guilty of tax issues (that might rise to the level of a crime) he will have a great disincentive to not admit to giving you or others permission. The state must prove the case if you are arrested. Don't say anything without talking with an attorney.

If fired, you may not get unemployment for malfeasance. Again, your boss will not admit to tax issues to help you and others will know they will be at risk of their job if they support your position everyone does it. (And, might have a problem if they didn't report the income themselves.)

You could be convicted of a crime. A crime related to your job and is of moral turpitude. You may be fired. You may not get unemployment if you are fired.

 

[Samuel Fisherma]

WOW! You are truly an idiot

My boss has terminated me over a misunderstanding. He has run his business in such a way that he allows his employees to make some side money with customers under the umbrella of the same company by dealing directly with the customers and on our own time. I asked him permission to do some such deal, which he gave me. However, he doesn't remember this conversation, and has terminated me because he feels as though I stole the customer from him, and that I've essentially perpetrated theft against the company. The total amount of the transaction that landed in my pocket is $350, which I am now planning to give to him to try to smooth things over.

If he should pursue legal action, what kind of penalties or punishments might I be looking at in the state of California?

Does giving him the money ameliorate the situation at all from a legal standpoint?

Any help, advice, or insights thrown my way are greatly appreciated.

Have you ever been to jail? You should go sit in your bathroom for 23 hours and that will be how the next 2-6 years of your life will be. By offering to give him the money back, you admit guilt. Your (ex)boss can send you to a very unfriendly place that will change you for the worst.

 

[tranquility]

Have you ever been to jail? You should go sit in your bathroom for 23 hours and that will be how the next 2-6 years of your life will be. By offering to give him the money back, you admit guilt. Your (ex)boss can send you to a very unfriendly place that will change you for the worst.

I doubt jail is a realistic possibility and certainly not for 2-6 years. The amount of the theft is the measuring stick in California, so this would be petty theft. The problem may be if they also were to charge for burglary. That's one reason why I agree, I would not talk to the boss until I saw an attorney.

 

[swalsh411]

Do you pay income taxes on this "side money"? If not are you aware you are committing tax fraud?