Legal Question in Criminal Law in California
Employee Theft
I work at a retail department store1day a week. I have made phony cash register returns and used the cash to make payments to my credit cards. My employer has discovered some returns and has found that in some cases the credit payments closly match the phony register returns. I have made letigimate payments as well(I have other associates process the transactions).They only have a name to match the card to me. No one witnessed these acts, and they are not caught on video tape. This is a second job(it used to be a primary job, I changed careers six months ago to a non money handling job, but have stayed on the payroll at the employers request, as I had worked there for 7 years. I used to handle payroll functions, and at times was forced to adjust any employee accrued overtime(including my own)and remove it. I have not returned to work since my employer phoned and accused and threatend me.The employer says that I must come into the store and talk. I am receiving phone calls, and pages on my new employer's pager, with threats of prosecution. In cases past, I have seen employees forced to sign admission statements. What should I do?? Do I have to go in and talk?? Is there a chance of prosecution with only paper evidence??
1 Answer from Attorneys
Re: Employee Theft
Your statement of what occurred in this message, if traced to you could be used against you in court. Do not discuss this matter with anyone other than your attorney. Statements made to others can be used against you.
Your statement indicated that you were wroking on a cash register. Unless the cash register is very old, it will record the date, and time of every transaction. The employer can then testify who had access to the cash register during that time. This information along with the missing cash, and your credit card payments are sufficient to sustain a conviction.
Talking to your employer will gain you nothing. Anything you say to your employer can be used against you. Contact an attorney immediately formulate a defense.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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