Legal Question in Criminal Law in Ohio
Theft and retaliation
Here is the problem. I have been notified that my ex-employer has filed a report against me for theft and it is going to the prosecutors office for review to see if charges are going to be filed. I did nothing wrong. I gave my two weeks notice to start a new job due to my employer denying me the right to file a workers compensation claim. I was cleaning out my desk and my mail box and brought a bag full of things from the office when I emptied my bag the envelope of money from a member of 550.00 roughly was in there only because our register were not working and I was going to ask the sales person about the contract. I contacted the member and told him I would have a receipt for him in two days and soory for any inconvinience. I was told by the detective that nothing was going to happen. I feel my ex-employer is retaliating. He also will not release my paychecks that are due to me is that legal? I am a single mother of three and do not have ANY past record. I would NEVER jeopardize my life with my kids for $550.00. What would this be classified as and what is the punishment if convicted? I am afraid because my children and I din't do anything wrong. PLease HELP....
2 Answers from Attorneys
Re: Theft and retaliation
I can write a letter to your boss threatening that if he does not release your checks we will sue him. It is illegal to retaliate against someone based on a workmen's comp claim. You may have to go on the offense at this point.
If you are interviewed again by the police you should have a lawyer present.
Re: Theft and retaliation
Theft of more than $500.00 is felony of the fifth degree, and carries a maximum punishment of 12 months in prison and a maximum fine of $2,500.00.
Based on your email, it does not appear that you are guilty of theft. The envelope was taken home by accident, and as soon as you discovered it you turned the money over to the rightful owner.
Of course, the prosecutor may not believe you. I would recommend that you have an attorney help you -- even at this early stage -- so that you can try to avoid even being charged with a crime. If you do get charged, you absolutely must have an attorney help you. This is too serious of an offense to try to handle it yourself.
I do wish you the best of luck.
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