Legal Question in Criminal Law in Minnesota

theft by employee

I was recently terminated for stealing a case of wine from the liquor store where i worked. The boss says he has the theft on tape, and i gave the wine back to him. Now he says he wants to keep my final paycheck in order to compensate for ''whatever else I stole from him'' (there are no other thefts) instead of prosecuting me for the theft. I realize that he probably cannot do this, but am I better off just letting that go in order to avoid prosecution? What can be done to me since I gave the stuff back? Is he violating some criminal laws in keeping the check? Basically, what should I do?


Asked on 10/08/01, 3:01 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: theft by employee

Arguably, the employer making this threat is guilty of the crime described in Minnesota Statutes Section 609.27, subd. 1(3) "Coercion," by threatening a criminal charge, whether true or false, to get you to do or not do a lawful act, in this case, to demand your wages. Also, there are Minnesota Statutes protecting workers from employers wrongfully withholding wages, that provide for statutory damages. Ideally, you would find a lawyer to help you -- a civil-practice lawyer. In the end, it's up to you what you think you should do.

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Answered on 11/26/01, 3:07 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: theft by employee

Your boss is using his leverage knowing that yo8u fear prosecution. Since the wine was returned, it is unlikely that the police would send the matter to the presecuter for charges . It is equally likely that the prosecuter would not file the charges. Even if charges werre filed, oif it is a first offense it is likely that you will be offerred a deal (a diversion program) resulting in no criminal record.

I would challenge your boss a bit on this. Wages that are improperly withheld may be required to be paid in a civil action multiplied by two.

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Answered on 11/21/01, 5:44 pm


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