Business question

[Jschoony]

West Virginia. I work for a small business and I do work on the side. I get paid salary. I am not under any type of contract. I have customers contact me through word of mouth and in no way concerning or dealing with the company I work for. However I did use company equipment which I had permission to use in personal time. The work and supplies for the jobs I do on the side are all paid for by me. Is it embezzlement if I keep the money being paid to me? Instead of giving it to the company even though it had no affiliation to the company other than using company equipment?

 

[quincy]

What sort of “personal” use did your company expect you to make of their company equipment?

 

[Jschoony]

Not sure what they expected. But someone I know had been threatened by employer of small business they work for with embezzlement because he kept money from a job he did.

 

[quincy]

If the person you know kept money from his employer that rightfully belonged to the employer, that would be a crime. But that is not what you have described you are doing.

If you are taking customers from your employer and working with them privately, that is also different from what you have described.

Why exactly is your employer letting you use their equipment on personal time?

 

[LdiJ]

West Virginia. I work for a small business and I do work on the side. I get paid salary. I am not under any type of contract. I have customers contact me through word of mouth and in no way concerning or dealing with the company I work for. However I did use company equipment which I had permission to use in personal time. The work and supplies for the jobs I do on the side are all paid for by me. Is it embezzlement if I keep the money being paid to me? Instead of giving it to the company even though it had no affiliation to the company other than using company equipment?

You didn't give any real details of what you do but I will give you an example using my own industry.

I am a tax professional. I work for a firm. It is not uncommon for tax professionals who work for a firm to have some private clients. If I buy my own software and take care of my private clients from my home, using my own software then its not a problem because I do not have a contract that prohibits that.

However if I take care of my private clients using software that my employer installed on my laptop, or worked with the private clients off the clock/after hours at the office, then that would be considered a form of embezzlement...and if not embezzlement, would certainly get me fired.

So, the devil is in the details, and you have given no details.

 

[quincy]

Here for reference is West Virginia’s embezzlement law (WV Code section 61-3-20):
http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=61&art=3&section=20

 

[Dandy Don]

Does your employer know that you are using their equipment for your own personal gain?

How much money would you say that you have earned so far from doing this?

Are you registered as a business in the state of West Virginia?

 

[quincy]

... How much money would you say that you have earned so far from doing this? ...

If Jschoony has kept money that rightfully belongs to his/her employer, any amount of money is too much.

 

[Jschoony]

The person in question was given permission to use company equipment whenever needed. They used their personal money for fuel supplies repairs during the side jobs or days there was no work. The only thing that involved the company was their equipment. He used his own money on his time or time that the company wasn’t working and paid for all expenses.

 

[LdiJ]

The person in question was given permission to use company equipment whenever needed. They used their personal money for fuel supplies repairs during the side jobs or days there was no work. The only thing that involved the company was their equipment. He used his own money on his time or time that the company wasn’t working and paid for all expenses.

So, the person in question was given permission to use company equipment for side jobs specifically? Or, was the person just given permission to use the equipment for personal use?

 

[Jschoony]

They could use company equipment whenever they needed. It was stored for the most part at his personal garage.

 

[Jschoony]

He is just wondering if it could be embezzlement because his employer/partner who doesnt do any of the work threatened to fire him and for embezzlement even though all the work/money that was kept was done on weekends or during the week when no work for the company was being done and all expenses were paid for through his own personal account. He is also not under any contract at all.

 

[LdiJ]

Ok, That answers my question. He IS being accused by his employer of embezzlement. He is earning money using company equipment.

 

[HighwayMan]

Ok, That answers my question. He IS being accused by his employer of embezzlement. He is earning money using company equipment.

The OP is a third party. The person involved needs to come here and post questions and provide answers.

In the first post is says "I" but subsequently refers to the employee in the third person.

 

[Jschoony]

what questions do you have