Legal Question in Employment Law in Utah

former employer wants pacifier

My friend was employed as assistant manager at an automotive shop. His older brother was the manager and began ''cashing out'' tickets from the paying customers, paying for the parts orders and pocketing the remainder of the money collected (thus making more since he was stealing the shops overhead). My friend became aware of this and confronted his brother. He did not want to ''take him in'' due to the moral obligation of family, but the brother simply denied the activity. Several months later, my friend unfortunately decided to begin participating in the theft, which caused a large variance on the shops books (parts being ordered, but no work being ''preformed''), they were fired shortly thereafter. My friends brother set up, through communications with owner, for the entire thing to appear to be friends idea, action. Papers are now being to served to JUST MY FRIEND stating the $5000 will stop them from presuing legal action. What are my friends rights, what would be the best line of action on his part. This is his brother...but its also his freedom being threatoned. He participated in the end, but not nearly as much or as long as the manager. I've suggested he get a lawyer, but he isn't sure what to do.


Asked on 1/24/08, 8:40 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: former employer wants pacifier

If friend is guilty he should pay, or make a deal with the owner - including reporting the other two perpatrators. The two brothers should also be held accountable, if they have any moral fiber they will come forward and confess. Otherwise they will get to worry over the next few years until the statute of limitations runs - or when they get caught they will be at risk for jail and severe fines, in addition to having to repay what they stole. The gact that all of them cooperated creates a conspiracy (crime) and each of them is at risk for the most severe penalty for any individual crime of the other.

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Answered on 1/25/08, 9:52 am


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