What to do about my embezzling funds from my employer?

I stole 5,864.78 from my boss. wholesale accounts would call the shop, i would take their orders and would get a credit card number. I would then charge the credit card to my account instead of the business account. I came clean to my boss, and she is willing to let me pay her off. I am still working for her but she is just keeping my paycheck. I am also in the process of getting another job to pay her back as quickly as possible. She gave me a week to pay back half and I’m afraid that if I can’t come up with it, she will get the law involved. She is expecting me to sell my car and pawn all of my personal items for money. I have already made a small payment to show that I want to pay her paid back as quickly as possible. What should I do?

Asked on June 20, 2014 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Even if you pay her back, she could *still* report you to the police, since having paid the victim of a crime back for the theft does not make the crime "unhappen"--it still occured and you still broke the law. She could potentially hold this over you even after you repay her, or again, take the money and still report you. Given that you could face criminal liability, you should  consult in person with an attorney in detail about this situation. One option to discuss with the lawyer is to offer a good but doable repayment plan to the boss--something you can actually meet--in writing (sent some way you can prove delivery), so you can prove a good faith effort to make restitution; if you won't accept it, you may have to take the chance she'll call the police, but at least you'll have shown contrition and responsibility, which will help you. Do NOT in writing (or orally; but writing's even worse) admit this was a theft or crime; if you have to discuss what happened, just call it a mistake.

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