Legal Question in Criminal Law in California

My 19 year old daughter was fired from Michaels Craft store because she scanned coupons giving her supervisor and another employee an extra discount on their purchases. The supervisor had done it for her and others so she didn't think anything of it. She didn't realize it would be considered theft and when told it was, wanted to fully cooperate with Michaels and make retributtion. They made her sign papers, one of which was a promissory note to pay Michaels $110.50 by July 1st, 2010. We received a notice from their lawyers adding civil penalties to that, bringing the total to $350.50 due within 20 days of notice. We thought she had until July to pay this and she's trying to get a job so she can pay it. Because it wasn't paid within the 20 days they sent another notice raising the total to $610.00. Is this legal? Shouldn't she have had until July 1st to pay the amount as agreed?


Asked on 4/23/10, 11:18 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I am not a criminal law expert but since thief is an intentional crime designed to permanently deprive a party of their property, I am not that sure that she committed a thief. You should research that to use as a bargaining tool with the ex-employer. What happened to the other two eml;ployees; did they pay back any of the money? Is the store collecting from all three so making a profit?

If the promissory note was relatively clear in saying that that was a payment in full, the employer, having prepared it [which means anything vague must be read against their interests) is stuck with it. They can not go back

I need to break off for now, I will add some more later

Read more
Answered on 4/28/10, 11:57 am


Related Questions & Answers

More Criminal Law questions and answers in California