Legal Question in Criminal Law in California

So a cashier at a grocery store was doing a return to a credit card and punched in the wrong number, giving back $5000. He then was questioned if he was in conspiracy with the person then fired and told he had two days to pay back all the money. The cashier really did this on accident but to the owners who watch the video still insist he is at fault. He had signed a waiver getting the job stating he'd be liable in the situation. But he doesn't have enough money to pay them back and doesn't want charges pressed against him like the store said they'd do. Also the store states they have no records of any names or cards in which they could reverse this or contact the bank or card holder. The store threatens they'll have him arrested and say he was in conspiracy with the customer who got the money. So the question is what should the cashier do? Does the store have grounds to demand money and to have charges brought against him? Is the store lying about the records seeing as most stores store card records in their computers? Thanks!


Asked on 1/22/14, 8:02 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The cashier needs to speak to a criminal defense attorney in person and keep from revealing too much information on the internet where the employer and police can read it.

Read more
Answered on 1/22/14, 11:35 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with Mr. Roach.

The store is not the one who brings criminal charges, it is the District Attorney on recommendation from the police. If it was a true accident the cashier is innocent. Without having seen the video it is difficult to say more but it seems unlikely to me that the District Attorney would prosecute if it is truly impossible to find the customer.

Read more
Answered on 1/22/14, 8:43 pm


Related Questions & Answers

More Criminal Law questions and answers in California