Civil Penalty

[Howard11b]

I reside in the state of Virginia. My ex employer in Virginia had a law firm (based in Florida) send me a letter requesting payment for loss assets in the amount of $66.00. They also requested a civil penalty component of $300.00, citing Va code 8.01-44.4 "Action for shoplifting and employee theft". Glancing at the code, I understand that they are entitled to double the value of the asset. What I'm confused about is whether this is considered them pursuing and them be entitled to reasonable attorneys' fees and cost not to exceed $150. If so, I'm still looking at a maximum of $282.00. I want to right my wrong and pay them what they're entitled to, but I don't want to be taken advantage of. I'm also worried about future consequences by questioning the amount they're asking for. My ex employer didn't file criminal charges and my boss told me that this wouldn't leave a black cloud over my employment record, but I'm worried me questioning this amount could lead to either or both occurring. If so, I'll pay the extra $84.00 they're trying to charge me. I have huge regret for this and just want this mistake to be over with. What should I do?

 

[FlyingRon]

Understand that the "law firm" you got the email from is unconcerned with you, only in raising the maximum legally allowable for the company. You can pay the if you want and you can pay them what you want. If you were not prosecuted criminally, you were lucky. Despite whether you pay or not or what your boss told you, if corporate knows that you stole (as evidenced by the demand letter) there *IS* a black record over your employment history. It's doubtful whether your paying of the civil demand will alter any of this.

 

[quincy]

I reside in the state of Virginia. My ex employer in Virginia had a law firm (based in Florida) send me a letter requesting payment for loss assets in the amount of $66.00. They also requested a civil penalty component of $300.00, citing Va code 8.01-44.4 "Action for shoplifting and employee theft". Glancing at the code, I understand that they are entitled to double the value of the asset. What I'm confused about is whether this is considered them pursuing and them be entitled to reasonable attorneys' fees and cost not to exceed $150. If so, I'm still looking at a maximum of $282.00. I want to right my wrong and pay them what they're entitled to, but I don't want to be taken advantage of. I'm also worried about future consequences by questioning the amount they're asking for. My ex employer didn't file criminal charges and my boss told me that this wouldn't leave a black cloud over my employment record, but I'm worried me questioning this amount could lead to either or both occurring. If so, I'll pay the extra $84.00 they're trying to charge me. I have huge regret for this and just want this mistake to be over with. What should I do?

There is a limit under Virginia law to how much can be demanded/awarded in a civil action. But you are not being sued.

You are being offered a settlement amount so you can avoid having a public record of your shoplifting/employee theft.

You have to decide if you are willing to settle the matter for an amount greater than the amount the employer would be entitled if the employer took you to court, to avoid having a record of your theft available for public consumption.

 

[FlyingRon]

You are being offered a settlement amount so you can avoid having a public record of your shoplifting/employee theft.

No, he is not. How do you make that leap?

 

[quincy]

... My ex employer in Virginia had a law firm (based in Florida) send me a letter requesting payment for loss assets in the amount of $66.00. They also requested a civil penalty component of $300.00, citing Va code 8.01-44.4 "Action for shoplifting and employee theft" ...

I made no leaps. I read the original post as quoted above. An attorney letter is not a summons and complaint. Howard11b is not being sued. The letter is a settlement demand.

 

[FlyingRon]

I made no leaps. I read the original post as quoted above. An attorney letter is not a summons and complaint. Howard11b is not being sued. The letter is a settlement demand.

The letter is a civil demand for the statutory amount allowed under the code. It's neither a promise to not put adverse information in his employment record nor is it a bar to criminal prosecution.

The only thing that they are forgoing if he pays them is further civil action for his damages.

 

[quincy]

The letter is a civil demand for the statutory amount allowed under the code. It's neither a promise to not put adverse information in his employment record nor is it a bar to criminal prosecution.

The only thing that they are forgoing if he pays them is further civil action for his damages.

The fact that the civil code was cited in the letter from the attorney does not make the letter anything but a settlement demand letter. Howard11b is not being sued but rather is being offered an amount to settle the case out of court.

But I think I understand now what you questioned in my previous post. You are saying that Howard11b's payment of the demanded amount does not preclude the employer from later pursuing a criminal action or including a report of the theft in Howard's employment file.

If Howard11b wishes to settle for the amount in the demand letter, he should have a settlement agreement drafted (preferably by an attorney) for signing by the Virginia employer, stating that the amount paid settles all claims, both civil and criminal, both present and future, that might otherwise arise from the theft incident of X date and that all terms of the settlement will remain confidential.