Legal Question in Employment Law in Washington
Restitution after being fired?
I was fired a few days ago at which time my boss gave me a letter outlining why I was fired. He also informed me that I needed to come back in and speak to him about restitution for food that was eaten. When I met with him, he provided a dollar amount of $2400 that is based on an assumed pattern of behavior, not documented accounts. If I do not pay the amount within one week, he says he will press charges. Can he make me pay? If so, what am I liable for? What should and can I do?
1 Answer from Attorneys
Re: Restitution after being fired?
Your boss has two things he can do to you. (1) File criminal charges and/or (2) File a civil complaint.
To win a criminal charges, one must prove the crime beyond a reasonable doubt - therefore, your boss would have to be able to provide hard proof.
For a civil complaint (such as Small Claims Court), one must prove the case by a perponderance of the evidence - your boss would have to convince a judge or jury that it's more likely than not that you committed a theft from him. He can also win attorney fees.
Only you, not I, know what really happened. I also don't know whether you were allowed to eat on the job. For example, when I was young I worked at a theater where we could eat as much popcorn and drink as much soda as we wanted. I also worked at another theater, where we were not allowed to do either.
Best of luck.
Merry Kogut