Employee Theft/Prosecution Question(s)

[csanders2]

What is the name of your state? Indiana

I was recently fired from a medium sized (400 employee) family owned retail business for theft. There was video that the owners of the company thought showed me taking money, but in fact I was not stealing at that time. Regardless, I am guity of taking money from the company, and in a quite ignorant and unfortunate move, admitted to doing so. I gave them a number of $1000 taken over the span of my 5 years working for the company.

At the time they called the police and brought them in to take a statement from me. Once they read me my rights and offered to take a statement, I refused and the police left with no information except my contact information and DL#. They said that a warrant would be issued within a few days and that I could turn myself in if I chose to at that point. The company was indecisive on what they were going to do. In all honesty, I dont think they have any real evidence of my stealing anything from them, but nevertheless, I have admitted to it.

I called the owners of the company the following week and offered to meet with them to discuss what could be done for me to avoid possible prosecution. They were very open to the idea and invited me to their office to meet with them. At the meeting they asked me to discribe the ways that I stole and ran some ideas by me to see what could prevent more theft in the future. In the end we discussed monetary repayment and the idea that they would not prosecute. The final number we agreed on was for me to pay the company back $2000 in 8 $250 monthly payments. This number is probably $800-1000 higher than the actual amount taken by myself. A promissory note was handwritten and signed by myself, the president of the company and the CFO of the company.

One week later the CFO of the company contacted me and said that in the original agreement they had not included a statement that they would not prosecute the theft. He said that if I agreed to pay a total of $3000 in 12 $250 payments they would draw up a new promissory note that said they would not prosecute. This would now be approximately $2000 more than the actual amount that the company lost.

I have a few questions regarding this situation.

1) If I DO go ahead and agree to sign the final agreement and follow through and pay the full $3000 is it possible for them to still prosecute me in the long run? Basically, is the promissory note a legal document that I can trust?

2) What would happen if I agreed and signed the final document but missed a payment or simply could not pay at some point in the next year? Would they be able to say that I broke the agreement and then go ahead and prosecute?

3) Is this whole thing legal in general? I feel bribed into paying more money that I actually took in return for a "promise" not to prosecute.

4) Could these documents be used against me in court to help prosecute me - and is the other information that I have volunteered harmful as well?

5) I dont have much money at all, but should I be talking to a lawyer about this?

Any help on these questions would be much appreciated. Its been a stressful situation, but it is my own doing. No excuses...

Thanks again!
csanders2

 

[garrula lingua]

Well, you've confessed to at least two people.
That confession can be used to convict you.

For prosecution to occur, the co has to file a police report.

If they sign an agreement not to prosecute, and then do prosecute, it might affect their credibility as witnesses & the DA probably wouldn't file.


If it's filed, they'll look like greedy manipulators, and you'll look like ... a thief.

 

[parallax]

Well, you've confessed to at least two people.
That confession can be used to convict you.

For prosecution to occur, the co has to file a police report.

If they sign an agreement not to prosecute, and then do prosecute, it might affect their credibility as witnesses & the DA probably wouldn't file.


If it's filed, they'll look like greedy manipulators, and you'll look like ... a thief.

This guy is an idiot, remember that not one person that I've met on here is an actual lawyer or practice's law in any way. Most are "HR" professionals (they claim) that say they deal with the law everyday. As to your post I have some advice for you (and I went through something close to this recently check my posts). Firstly make no more contact with your former employers, and do not send any money their way either. If they do go to the police and press charges don't worry about it as they lack the evidence to really hurt you in the long run. You can say that the written agreement was signed under duress. A public defender will be able to get you off the hook with this one no problem as they have no real evidence. Just keep quiet from now on and don't pay them, let them try and go forward it'll be laughed out of the court. My case was alot more solid then yours and it was thrown out so don't worry.

 

[Onslaught]

As to your post I have some advice for you (and I went through something close to this recently check my posts). Firstly make no more contact with your former employers, and do not send any money their way either. If they do go to the police and press charges don't worry about it as they lack the evidence to really hurt you in the long run. You can say that the written agreement was signed under duress. A public defender will be able to get you off the hook with this one no problem as they have no real evidence. Just keep quiet from now on and don't pay them, let them try and go forward it'll be laughed out of the court. My case was alot more solid then yours and it was thrown out so don't worry.

I don't know about the first part as I don't know that many people on here but He has a good point. People who went through the same thing tend to give better insight then those who didn't.

 

[BelizeBreeze]

This guy is an idiot, remember that not one person that I've met on here is an actual lawyer or practice's law in any way. Most are "HR" professionals (they claim) that say they deal with the law everyday. As to your post I have some advice for you (and I went through something close to this recently check my posts).

TRANSLATION: a jailhouse lawyer thief.

 

[fairisfair]

I don't know about the first part as I don't know that many people on here but He has a good point. People who went through the same thing tend to give better insight then those who didn't.

Now that is really quite hilarious. Of course, the next time I want to become a thief I will be looking for a thief's advice. Goodness knows that is exactly the person in the hands of whom I wish to place my future.

The ONLY decent advice that the poster has received so far, did in fact come from GL. Although I doubt that a non-fulfilled agreement not to prosecute would in anyway lessen the employers case.

Paralax on the other hand is obviously a blithering idiot who has no idea what he is talking about. Unless he is a psychic of some kind, he has no way of knowing what evidence besides a CONFESSION that the employer may have, if there is one tape, there may be others. His statement regarding a public defender getting the OP off "with no problem" is inane at best and downright misleading at worst.

 

[BelizeBreeze]

Sanders, I agree with GL with one added stipulation.

This so-called agreement is nothing more than a contract. If you don't have your own attorney read it and advise before signing you'd be a fool.

That being said, the fact that you sign something to this effect has no bearing on whether or not the prosecutor's office brings charges against you. Your former company can't contract in the name of the prosecutor's office. Remember, they already have your statement.

In this case, your employer would be called as a witness and would NOT be violating the terms of the agreement as they would not be the ones prosecuting.

Now do you see why an attorney reading the agreement is important?

 

[Onslaught]

TRANSLATION: a jailhouse lawyer thief.

Everywhere I go I read you being rude and non helping. Why come here if all your offering people is negative and nasty comments. The point of being here is to try and help people out and not start flame wars or whatever they call them.

 

[Onslaught]

The soundest advice I could offer is to get a lawyer and fast. Don't sign anything as that is an admission of guilt and can just make their case stronger. I doubt very seriously they have any evidence at all or they would’ve gone through the process of pressing charges and guaranteeing the payment of money by a court order or civil demand.

 

[fairisfair]

Everywhere I go I read you being rude and non helping. Why come here if all your offering people is negative and nasty comments. The point of being here is to try and help people out and not start flame wars or whatever they call them.

Then go somewhere else and read.

 

[fairisfair]

The soundest advice I could offer is to get a lawyer and fast. Don't sign anything as that is an admission of guilt and can just make their case stronger. I doubt very seriously they have any evidence at all or they would’ve gone through the process of pressing charges and guaranteeing the payment of money by a court order or civil demand.

and you are basing this drivel on what?? Did it ever occur to you that it would be much less expensive for the company to work out a repayment programthan to go to court, if getting the money back is a priority, with this THIEF (by his own admission, both to the employer, as well as directly here in his first post, and I quote"I was recently fired from a medium sized (400 employee) family owned retail business for theft. There was video that the owners of the company thought showed me taking money, but in fact I was not stealing at that time. Regardless, I am guity of taking money from the company, and in a quite ignorant and unfortunate move, admitted to doing so. I gave them a number of $1000 taken over the span of my 5 years working for the company. )

They can STILL file a police report, even if and even AFTER, or while, they get their money back from Mr. stickyfingers.

 

[panther10758]

1) If I DO go ahead and agree to sign the final agreement and follow through and pay the full $3000 is it possible for them to still prosecute me in the long run? Basically, is the promissory note a legal document that I can trust? Yes this is a legal document they took your money in exchange to not press charges

2) What would happen if I agreed and signed the final document but missed a payment or simply could not pay at some point in the next year? Would they be able to say that I broke the agreement and then go ahead and prosecute?The they could pursue legal action againist you including sueing you for much more

3) Is this whole thing legal in general? I feel bribed into paying more money that I actually took in return for a "promise" not to prosecute.Likely

4) Could these documents be used against me in court to help prosecute me - and is the other information that I have volunteered harmful as well?Yes as well as everything else you have said or signed you have prety much confessed more than once

5) I dont have much money at all, but should I be talking to a lawyer about this?If you havent yet then YES

Any help on these questions would be much appreciated. Its been a stressful situation, but it is my own doing. No excuses...

 

[BelizeBreeze]

1) If I DO go ahead and agree to sign the final agreement and follow through and pay the full $3000 is it possible for them to still prosecute me in the long run? Basically, is the promissory note a legal document that I can trust? Yes this is a legal document they took your money in exchange to not press charges

The only problem I have with your answer is the above. NO ONE can make that assumption based solely on the facts in this post. Whether or not the 'agreement' is legal is a question of fact for the court to decide.

 

[panther10758]

You are correct and I am sorry perhaps better wording would be that document could be percieved as legal!

 

[BelizeBreeze]

You are correct and I am sorry perhaps better wording would be that document could be percieved as legal!

agreed. Just remember, just because a portion of the contract may be found unenforcable doesn't necessarily mean the entire contract is such....severability.