Legal Question in Criminal Law in Georgia

I own a restaurant in Georgia. We fired a manager/server in January 2010 because we discovered that he was stealing from us. We are in the process of investigating how much he stole, and would like to know what our legal options are.

As a manager, he had the ability to do discounts and comps. As a server, he used this access to discount his own checks after receiving payment. For example, a guest would spend $100 and sign for the $100 plus a $20 tip. At that point, this server would then discount the check with a fake coupon or void items off of the check, making the guest's subtotal lower. So by adding a fake $25 coupon, he now had a $45 tip.

There are many cases of this that we can prove, and many others that we won't be able to because the guests paid with cash. As of right now, we have over $700 in provable cases, ranging from $5 - $40 each time. Would this be handled as multiple misdemeanors or one felony? What is the statute of limitations, and could his earlier offenses be left out due to an expired statute of limitations? The earliest we have proof for right now is June 2009. We hired him in May 2008. We're not sure what point he started the theft yet.

We're not sure how to proceed from this point. The potential sentence could have an impact on our decision on how to proceed. Any advice would be greatly appreciated. Thank you.


Asked on 10/05/10, 10:36 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You are a crime victim. You call the police and let them investigate. Since the state pursues a case and not you, decisions about prosecution are theirs and not yours. There is no way you can predict a sentence or even the ultimate charges.

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Answered on 10/10/10, 10:51 am


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