Legal Question in Criminal Law in Florida

Arrest after full restitution

An employee was fired for using Company Credit Card for personal gasoline purchases. Employer asked for $50.00 weekly until full restitution was made. Employer never gave former employee a statement as to how much was oweing. After making Ten (10) payments of $50.00, a paid in full receipt was given to former employee by the employer. When the former employee applied for un-employment compensation, the employer threatened to have the former employee arrested for the illegal use of the credit card and filing for unemployment. Social Security Admin instructed employee to file for un-employment even though they were aware of employee being terminated for unauthorized use of credit card.

Please advise.

Can this employee be arrested for this? Thank you


Asked on 10/13/08, 12:56 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Arrest after full restitution

If the employee used the credit card for personal use, knowing he wasn't supposed to, it could certainly constitute theft. So, yes, he could be arrested.

Also, it's illegal for the employer to threaten the employee with prosecution in exchange for dropping the criminal claim. It's extortion.

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Answered on 10/13/08, 11:11 pm


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