Embezzle/ last check/ vacation check ???

[Michael66]

What is the name of your state? CA.
My Fiance had been taken away from a very good job to start a new job with the verbal agreement that two months after she started that she was to be replacing another coworker and recieving a $2000 a month raise. this was in Oct 2001. her new pay was to start in Jan. 2002. at that time she approached her Boss and he told her it would be a while longer. This persisted all year long until Dec. 2002. when Finally she cracked She wrote a Bad check from his company for $9000 and then left the company, and left home. I reported her as a missing person and I had found her two weeks later. She left a note for Me saying that she was going to kill herself ! And that her head wasn't on straight because of his broken promises !
She had a terrible nervous breakdown because of his broken promises and is being seen by a doctor for it. He ( her Boss ) was screwing around with this all year. We had moved to a different city to be closer to this job and we put everything on the line for it. We were to the point of poverty and he knew it.
Now, there have been no charges brought against her as of yet but we are sure there will be, but he still owes her her last check and a vacation check...What should she/ we do about these ???

I please welcome ANY advice. No funnies.
Mike

 

[stephenk]

You're kidding right? Your girlfriend embezzles $9k and she is worried about getting her last paycheck and vacation pay??

What did she do with the money she stole?

she should start gathering up the amount she stole and hire an attorney to act as a negotiator for her to reimburse her boss. Maybe, just maybe, the boss wont bring criminal charges against her.

I am sure she knows now that she should have either filed a civil suit against her employer regarding the breach of contract regarding her salary. was the salary agreement ever put in writing?

 

[Michael66]

Nope not kidding, at all. She thought that it was the Law in CA. that he had to pay Her Her last check and Vacation pay. within a certain time. ???

She had told Me that He ( Her Boss ) had given Her the 9K cause He finally felt bad about his broken promises. So, she used the money to pay off all the bills that were hanging over our heads.

The salary agreement was never put in writing.
But, there was a girl that was a new hire at Her company and she was handed basically the same story that there would be a position that He ( The Boss ) was combining and that she would also be getting a substantial raise...

We believe that He is filing charges, It is being handled by the Detectives now and has not reached the D.A. as of yet...

She has NEVER been in trouble of ANY kind before this. So, we're hoping for a slap on the hand...I hope. And that she make arangements to repay the money. Also, She is undergoing Psychiatric care.

Again, I welcome your serious replies.
Mike

 

[cbg]

The law in California is that an employee who quits with less than three days notice, must receive their final check and any accrued but unused vacation within 72 hours.

That being said, I am quite serious when I tell you that even in California, which is the most employee-friendly state in the country, I seriously question how hard the DOL is going to come down on an employer who fails to release such checks to an employee who embezzled $9000 and walked off the job.

Perhaps you've notice that the economy is in a particularly fragile position, and that the worst of it began shortly after 9-11-01. Unless she had a contract (and you've said that she did not) that guaranteed her the increase and new position effective a particular date, nothing the boss did was against the law. MAYBE it was bad management (we can't know that from what you've said) but he did not violate any laws.

Your fiancee, on the other hand, DID violate the law. There is no legal excuse for her to embezzle $9,000. I don't care how many times the boss "broke a promise". That's not a valid reason to take money that does not belong to her.

If she really wants to pursue this, she can call the state DOL and hope that they'll take her seriously. I can tell you that she is in the only state where she would have a prayer of being taken seriously. In her shoes, I'd quit worrying about the final check and vacation money, and hope like hell that I got out of this without a criminal record instead of rocking the boat.

 

[Michael66]

Re: cbg



Your fiancee, on the other hand, DID violate the law. There is no legal excuse for her to embezzle $9,000. I don't care how many times the boss "broke a promise". That's not a valid reason to take money that does not belong to her.

Re: yes, you're right I don't believe that it was just for Her to do what she did either.

I'd quit worrying about the final check and vacation money, and hope like hell that I got out of this without a criminal record instead of rocking the boat.

Re: definitley. And she is speaking with a Lawyer early next week.
I'm curious if her Vacation/last check will be taken out of that 9K ???

Thanks again,
Mike.

 

[cbg]

Could be. That'll depend on the DA.

 

[stephenk]

with potential fines and penalties on top of the 9k that was taken, your girlfriend could be facing a bill more than her last paycheck and vacation pay.

 

[stephenk]

you should also be worried about a conspiracy charge against you. your posts seem to indicate you knew she took the money and that it wasnt given to her by her boss, and then you and she paid off your bills with the money.

 

[Michael66]

RE: stephenk

Hmmm, not so.

The bills that were paid were not mine. Although, I may have indicated that...? The bills over our heads were hers. Car, phone,
etc...

This all started for me when
I called her work at lunch to say hello...
When she didn't answer her phone I called back to speak with the receptionist to see if she could page her and she told me that she no longer worked there. So my next step was to call her Boss. He indicated that she no longer worked there and hadn't been at work for the last week. When I asked why, is when I found out his story. She had been telling me that work was fine. Then out of thin air she disappeared for two and a half weeks. I found her in the Santa Cruz area. she had been sending postcards to our children from the Santa Cruz area indicating that she had done some things that she had wished that she could undo and that her days were numbered, she was thinking of killing herself. So, I hopped in my car and started searching the coastline from Santa Cruz to San Francisco for two days. Lo and behold there she was. She was doing volunteer work for one of the marine life sanctuaries in the Santa Cruz area. She completely fell apart when she saw me. If you knew her you could tell that something was wrong with her. She looked terrible/miserable. So, I brought her home to get some well deserved rest. Then and only then did I get the real story of what had taken place.

It's sad that people think the worst of you before they know you. we ALL do dumb things from time to time. And for the most special woman in the world to me, I suppose it was Her time ?
A letter that she left behind indicated that she didn't want our Family to suffer and she wanted our Family to have a nice Christmas, and to not worry over all the bills... The day I discovered that she was missing I filed a missing persons report with the local authorities and gave them the letter that she had left behind, that I didn't find until the following day.

stephenk, I hope the rest of the world isn't so QUICK to point the finger and assume the worst of people. You should be ashamed of YOURSELF for even making such an accusation. I'll think good thoughts for you.

Good thoughts,
Mike

 

[stephenk]

You are so right, how could I even think your "fiance" is a crook and that you may be part of the problem. Gosh, your fiance steals 9,000.00, she pays all of her bills even though you posted they were bills hanging over both of your heads but now they are her bills after I mention you may be implicated.

the boss tells you the money was stolen and then your girlfriend disappears. your kids seem to know where she is at but you dont.

But the best part is your original post has NOTHING to do about the crime your girlfriend committed. You are both only worried that she wont get her last paycheck and vacation pay from the person she stole from!

Brother you got your priorities completely screwed up. Your girlfriend obviously has mental problems that go much deeper than her embezzlement problems. She may get the mental care she needs when she is sent to jail.

 

[Michael66]

Your ignorance truley shines through...
My children are 3 and 6.

You truley must not have anything else to do by your 1602 posts ? I'm sure this site has much more to offer than you.
Especially when I found that your only 17 ! I caution everyone that comes accross this site to look at Stephenk and what he has offered this site.NOTHING.
His posts are all the same. He truley does not have anything to offer except his ignorance. Maybe this site requires a Jester ? ADMINISTRATORS ???

I'm sure when it's StephenK's time he WILL learn his error, Cause pal, it will come. 17 is an age when the world is new and the tounge is sharp, not the mind. That comes with maturity.I hope you devote more of your time too help ,nstead of being an ass...
which you do QUITE WELL!

I will continue, how ever hard it may be, to think GOOD thoughts for you.

CBG: thank you sincerely for your answers, straight and to the point. Thank you for being a Gentleman and a contributor of this site!

Thanks,
Mike

P.S. Don't be so quick to Judge as your Heavenly Father will Judge YOU wth the same accord. And that's always enough for me.

 

[stephenk]

Oh to be 17 again! I dont know where you got your so-called information on my age, but with your incompetence I can see why it took two weeks to find your girlfriend.

do your kids live alone? how could they get postcards from mommy without you knowing about it first? Oh I know, the kids dont live with you.

I really feel sorry for the kids in this mess. Mommy the thief and daddy the enabler.

 

[zappy]

Michael:

I think she was having sex with the boss and the $9000 was considered payment for services rendered. The boss had second thoughts and thinks it's embezzlement..

He ( her Boss ) was screwing around with this all year.

Just seems like a difference of opinion.

 

[PerfidyorFealty]

Are you for real? Your g/f embezzles $9000 from her employer and you're worried she won't get her last paycheck and accrued vacation pay from him? This has got to be a joke, right? No one can be this obtuse.

 

[PerfidyorFealty]

Michael:

I think she was having sex with the boss and the $9000 was considered payment for services rendered. The boss had second thoughts and thinks it's embezzlement..

He ( her Boss ) was screwing around with this all year.

Just seems like a difference of opinion.

$9000 for sex? What? Does she look like Julia Roberts? I doubt it. She didn't just embezzle from him, she overcharged him.