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extortion or what?

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unknown4890

Junior Member
I am a restaurant manager. A couple weeks ago money came up missing from our safe but we do not have significant proof of who did it. There was 3 different manager in and out of the safe in the 2 days I was off. I went on vacation the following week and when I came back there was more money missing. I contacted my DM who told me if I didn't pay it back I would lose my job. I couldn't afford to lose my job so we had a written and signed agreement for me to pay the money back in 2 seperate payments. I really felt threatened by this company. Is this legal or would it classified as extortion or something else I'm unaware of?
 


Zigner

Zigner

Senior Member, Non-Attorney
unknown4890 said:
I am a restaurant manager. A couple weeks ago money came up missing from our safe but we do not have significant proof of who did it. There was 3 different manager in and out of the safe in the 2 days I was off. I went on vacation the following week and when I came back there was more money missing. I contacted my DM who told me if I didn't pay it back I would lose my job. I couldn't afford to lose my job so we had a written and signed agreement for me to pay the money back in 2 seperate payments. I really felt threatened by this company. Is this legal or would it classified as extortion or something else I'm unaware of?
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Seems to me that this would be classified as an admission of guilt :rolleyes:
 
B

Beth3

Senior Member
I don't understand why YOU have been asked to repay the money when the money went missing during the times when you were off work. :confused: Did the DM make any comment on that? (And by any chance did the DM access the safe during those times?)
 
U

unknown4890

Junior Member
Since they couldn't pinpoint who did it, they told me someone had to be held responsible. Since I am the leader of the store, I'm responsible.
 
Zigner

Zigner

Senior Member, Non-Attorney
unknown4890 said:
Since they couldn't pinpoint who did it, they told me someone had to be held responsible. Since I am the leader of the store, I'm responsible.
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This is not extortion. You agreed to pay back money that was missing from the store. While not an admission for criminal purposes, it would be pretty damning evidence in a civil setting.
 
J

janimal

Member
Did you take the money?
- If you did, you are AWFULLY lucky to have the opportunity to pay it back and keep your job. If you are guilty you should keep your mouth shut, pay the money back, and never steal again.

What state are you in?
Is there a signed agreement about who is responsible for shortages, and an agreement to a reduction in your wages for shortages?
And....if you are an exempt employee, taking any deductions or payments back from you *might* affect your exempt status. Do you know if you are exempt?
 
Zigner

Zigner

Senior Member, Non-Attorney
janimal said:
Did you take the money?
- If you did, you are AWFULLY lucky to have the opportunity to pay it back and keep your job. If you are guilty you should keep your mouth shut, pay the money back, and never steal again.

What state are you in?
Is there a signed agreement about who is responsible for shortages, and an agreement to a reduction in your wages for shortages?
And....if you are an exempt employee, taking any deductions or payments back from you *might* affect your exempt status. Do you know if you are exempt?
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OP never said the money was to be taken from a pay-check.
 
P

pattytx

Senior Member
"Responsible" is one thing. Responsible to the point of paying it if you didn't take it, is a hill I think I might choose to die on.
 
J

janimal

Member
Zigner said:
OP never said the money was to be taken from a pay-check.
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Actually, it could *still* violate his exempt status. DOL released an opinion letter on this very issue. That it can't be skirted around by requesting a check outside of payroll.
 
Zigner

Zigner

Senior Member, Non-Attorney
unknown4890 said:
How is that significant evidence?
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Because paying something back that you didn't take in the first place could EASILY be construed as actually admitting that you DID take it and you just want to make sure you don't end up in the pokey for it.
 
U

unknown4890

Junior Member
janimal said:
Did you take the money?
- If you did, you are AWFULLY lucky to have the opportunity to pay it back and keep your job. If you are guilty you should keep your mouth shut, pay the money back, and never steal again.

What state are you in?
Is there a signed agreement about who is responsible for shortages, and an agreement to a reduction in your wages for shortages?
And....if you are an exempt employee, taking any deductions or payments back from you *might* affect your exempt status. Do you know if you are exempt?
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I live in Illinois. There is not a signed agreement for who is responsible for shortages.and I am not exempt.
 
U

unknown4890

Junior Member
Zigner said:
Because paying something back that you didn't take in the first place could EASILY be construed as actually admitting that you DID take it and you just want to make sure you don't end up in the pokey for it.
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Why would I still have a job if this is significant evidence? I don't think a company would want someone working in one of their stores unsupervised with that kind of integrity. Look I'm not here to argue who took the money. I'm asking, is it legal for a comapny to threaten your job by means of obtaining ones personal property.
 
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