Need Help!! Company saying they will prosecute me on theft, but I didn't do it!

My state is Louisiana. I am the branch manager for a small signature loan company that makes loans from $75-$400. We accept cash/check/moneyorder payments from customers in the office.

Friday was a big collection day for the store, and our deposit was nearly $4000. Along with the money that we keep in our drawers, the total in the deposit bag was about $4500. It was the end of the month and I had several reports that had to be run before I left.

I didnt get done running these reports until about 7:30pm. It was getting dark, and my four year old daughter was at home being watched by a friend. I had to get home! I finished running the reports, which I was supposed to get together and send FedEx to the Home Office so that they could receive it by Tuesday. Calling the Fed Ex location, they told me that if I dropped off the package by Saturday at 5pm it would reach the Home Office by Tuesday.

I had to leave! My daughter was waiting, and I hadnt gotten the deposit ready for the bank yet. BIGGEST MISTAKE I EVER MADE IN MY LIFE happened next: I left all the reports on the counter and stuck the bank bag (locked) into one of our file cabinet drawers, shoved deep down in the back behind a bunch of files and pushed between a few of them. I was supposed to drop the bank bag into the bank deposit. I didnt. I figured I would be back in the next day to finish everything I had to do and I could complete the deposit then and drop it in the bank.

Of course, when I came in the next day, someone had kicked the back door in to the office and my whole office was ransacked. They emptied my drawers and cabinets, and the money is gone. The only other employee I have is the only other person who knew I was going to leave the bag in the office that night.

The only other thing is that in this business there is a lot of employee theft. I was transferred out here to Baton Rouge back in January to run this store. I used to work for them in Las Vegas. NV. Something similiar to this happened out there, and because I was the last one to leave the store in Vegas I was a suspect when some money came up missing there also. It was decided it was either me or the guy who came to OPEN the store. They never determined who it was. I HAD NOTHING TO DO WITH THAT, but because I was the last one who left...

Now my manager is telling me that this is the SECOND time I have been involved in this type of thing. He told me to get a lawyer because they will prosecute. I told him I would take a drug test/polygraph/background check... whatever! I havent ever been in trouble, and I am NOT GUILTY! Does he have a case? Do I need to worry? Should I pay the money back at all, since I did not follow company policy by dropping the bag, or should their theft insurance cover this? I dont know what to do! Do I really need an attorney?! They wont be able to prosecute since I didnt do it, and there will be no evidence, correct? The police came out and did some fingerprinting, but thats it.

PLEASE HELP ME, this all just happened yesterday, and I am scared to death.

WHY?!?

Why is everyone reading this post but not responding? I am in dire need of help here, I don't know what to do. I've been reading other threads... BRAVO, can you help me, here? Just kind of give me an idea as to what I'm looking at? ...please?

Iaal?

Can YOU help me, IAAL?

Why is company prosecuting you if you didn't do it?

Sounds funny to me

Oops Sorry. It is my day off. I'm drinking Budwieser and was kind of foolis today. So, forgive me, ok. See u next day when I am sober, hehehe.

Bravo8

Bravo8's real name is Braveheart. Bravo-8 is just an Indian code name for police officer in PA. Just radio to Bravo-8 in PA to find his true identify. Praise to Braveheart - Mel Gibson wannabe.

what evidence do they have against you , that they dont have against say another suspect? its one of three things does the other employee know that you were a suspect previously? its either the other employee knowing that you would take the fall because you were already accused once before or it was an outsider who just happened to pick the one night that you left money there and knew exactly where to find it, or it was you. it depends on what they say they have against you. i am surprised that there were no cameras.

Ignore 'combat', he is just a 'warrior wannabe'.

NL:
Your post said that the company advised you "to get a lawyer because they will prosecute."

The employer cannot prosecute ANYONE. The way the system works is.... they can call the police who will investigate the crime. Then, after investigating the facts, if the POLICE (not the employer) feels that there is sufficient evidence to indicate that you are (or may be) guilty, they will present their case to the DA. The DA will then evaluate the case and if he feels it is sufficient, he could take it to the grand jury for their opinion. The grand jury (after hearing the DA's case) can either indict or no bill you. If they no bill, then the case stops there (since their is NOT sufficient evidence to support the charge).

My only suggestion is... realize that it really does look 'hinky' on the surface (especially with your prior incident). Tell the truth. Admit nothing. Then, if it looks like you are going to be facing charges, see an attorney (in fact, it wouldn't hurt to start 'interviewing' some local attorneys now.... they usually offer free or low-cost initial consultations).

Do NOT offer to reimburse the money unless you really did take it. It would only make it appear that you are guilty.

Finally, accept the fact that you are going to lose that job (if you haven't already).

Ignore Halkert

First of all, seriously, I didn't do this. So, for the sake of argument, let's just assume I didn't do it. I really didn't.


Okay. I know that the company is trying to scare me by saying that they will prosecute me. When I spoke to my manager yesterday, I was hysterical and crying, and I know he was playing off of that to make me more scared and nervous. They have absolutely NO evidence on me, because I havent done anything.


As far as trying to repay the money, I told my manager that I didnt have $5000 up front any way. I told him I had about $600 in savings, and that if they considered it my responsibility since I did violate company policies in leaving it in the store, that I would repay it through payroll deductions if need be. Now that I read the advice I feel bad that I said that, maybe I shouldn't have. But I need this job.

I am 24 years old and this job pays me $40,000 a year. I have NEVER made this kind of money before. They transferred me out here in January, and I knew NO ONE or NOTHING about Baton Rouge. I would NOT jeopardize this job for $5000 nor any other sum of money.

So, you're saying that I SHOULDN'T repay the money? Isn't it my fault for leaving the bag in the office instead of following company policy and dropping it in the bank? Can they withhold my last check to repay part of it anyway, even if I refuse to pay it!? I know they have attempted to withhold another employees check before when money came up missing. She paid it back, and they released her check.

Thank you for replying, you are being a BIG help.

Also, to answer the other questions, my other employee did not know about the Las Vegas incident, but she did know that I was not going to drop the bag that night. '

And theres another thing to this, about the cameras. We have a fake "camera" with a blinking red light in the office. An outsider would think it was real. It looks real. Only the two of us know that it is fake. Also, who ever came into the office only emptied MY drawers and the file cabinet drawers. They didnt empty my employees desk or the other desk that sits in the office. Neither of those were touched. But MY desk an dthe cabinets were. How does an outsider know that it may be in MY desk and not the others? Then, they TRIED to make it look like a random burglary. They knocked a radio off a shelf. If your looking for money, why knock the radio off the shelf?

Re:

Q1) "So, you're saying that I SHOULDN'T repay the money?"
A1) No. I said don't OFFER to repay the money. Doing so implies guilt.

Q2) "Isn't it my fault for leaving the bag in the office instead of following company policy and dropping it in the bank?"
A2) Of course it is your fault, and you very likely will lose your job for not following policy. But that failure is not criminal.

Q3) "Can they withhold my last check to repay part of it anyway, even if I refuse to pay it!?"
A3) No. If they withhold any of your check, contact your state Dept of Labor.

Q4) "I know they have attempted to withhold another employees check before when money came up missing. She paid it back, and they released her check."
A4) From the Louisiana Dept of Labor website:
"Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. Claims against an employer for late payment may be filed by way of a private lawsuit. The Louisiana Department of Labor does not have the authority to enforce this law."
You may review this law at: http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=23&section=631
and
http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=23&section=632

"Unauthorized Deductions from Paycheck:
Under Louisiana law, an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee's wages, except where the employee damages property belonging to the employer or property in the possession of the employer. The deduction, though, cannot exceed the actual damage done."
This law may be found at:
http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=23&section=635

"An employer may deduct the actual cost of damage to the property of the employer resulting from the willful or negligent conduct of an employee. Cupp v. Banks, 637 So.2d 678 (La. App. 2 Cir. 1994). In determining the validity of an employer's withholding for damages, courts have often favorably cited an employer telling the employees that they will be responsible for damages to property caused by their negligence. In these situations, however, courts will require the employer to prove the damage was the fault of the employee. The fact that the damage occurred while the property is in the possession of the employee is not enough. Therefore, these deductions should not be made unless the employer has evidence the employee caused the damage.

"Any deduction other than for physical damages to property will be closely scrutinized by a court if the employee resigns because of the deduction and claims the employer has withheld his wages. For example, an employer's withholding wages to pay for stolen equipment was held to be wrongful. Examples of other unlawful deductions include fines for arriving late to meetings, arriving late to work, and losing equipment."

Regretably, under the circumstances, I really wouldn't hold out much hope that you would keep your job...

Best of luck... sounds like you have some fairly major problems ahead.

Thank you!

Thanks for the advice. You have been a huge help. One last thing though?

Q4) "I know they have attempted to withhold another employees check before when money came up missing. She paid it back, and they released her check."
A4) From the Louisiana Dept of Labor website:
"Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. Claims against an employer for late payment may be filed by way of a private lawsuit. The Louisiana Department of Labor does not have the authority to enforce this law."


My company states that vacation time is not earned, but given as a reward. I was "tentatively approved" for a 2nd week long vacation from Sept. 16-20th. They have often denied employees vacations, saying that they were understaffed or the store was not up to par. If they fire me, they owe me my wages, and did I read the above law correctly that they WOULD owe me my vacation time? I may have signed a managerial contract that said vacation time was not earned, but given. Doesn't the state law supercede any agreement they draw up?

Hey NL......thanks for the compliment. Glad to see that in my short time here, I have made enough of an impact that someone has noticed. Sorry I didn't respond sooner......I was MIA a few days. Working nights, sleeping, and trying to spend time with the family leaves little time for goofing off on the 'net.

I take a short hiatus, and when I return I am being (strangely) insulted (I think) by Combat, who appears to be more than drunk. To be honest, I barely understood his posts. FYI, Bravo 8 is my radio call sign at work. Each department is assigned a phonetical alphabet letter (ours is obviously "Bravo") and each officer receives a number (mine is obviously 8). I have no idea what he is talking about. Maybe he is just upset because I keep correcting his incorrect generalizations about law in every state. He forgets that each state varies, and we all don't live in Tennessee. The law is quite different in areas where we don't marry our cousins.

Other than that, I see no need to reiterate what everyone else has said. If the only evidence they have is you being the one to leave it in the drawer, their case is purely circumstantial.

When you came to work the next day and noticed the money was missing and your desk a mess, did you call the police?
Read over policy at work on vacation.
And I would think about looking for another job, considering how many write ups or problems you have had in the past with this company.
With a certain amount of write ups they may fire you.
You should also look up in policy on the discipline procedure for your company.