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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.