What to do if you steak from your employer?

My 21 yer old son made a very bad msitake by not charging a $10 item to someone he knew at his register. Approximately 2 days, later his manager asked to speak with him and confronted him about the transaction. My son admitted he made a very bad choice and stated he was sorry and offered to pay for the item. The manager stated he was going to be put on a leave pending investigation. Yesterday he received a letter from his emplyer’s attorney asking him to pay $10 for the item and also $500 restitution; he had 20 days to comply. The letter also stated if he could not pay to call immediately so arrangements could be made, and it also stated that crimminal charges could also be filed against him. He has no criminal record whatsoever and now has no job to pay for this. What should he do and can they crimminally charge him?

Asked on September 5, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suspect that the letter your so received from the attorney was from an attorey based in Florida. If so, the letter in my opinion is an unfair business practice by the employer and the attorney with respect to the $500 restitution demand. Your son if he has not repaid the $10 mistake to the employer he should do so immediately and get a receipt for the payment.

The letter also with respect to a threat of a criminal matter against your son is improper under the law. I suggest that your son consult with an attorney that practices in the area of consumer law to assist him. I doubt any criminal matter will be filed against your son.


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