Can a person be charged for theft by deception if they employer pays them in advance for vacation/ sick time but then they quit?

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Can a person be charged for theft by deception if they employer pays them in advance for vacation/ sick time but then they quit?

I was charged with theft by deception over $500, Class D felony, when my previous employer reported that I was paid in advance for cleaning his office; 1 week vacation and 8 sick hours but quit before end of the year and had not made restitution. When I quit I was aware that I owed him for cleaning the office for which I was paid in advance. He kept my last check but also was holding my 401k check and the labor board made him give me my check for wages. After that I was arrested for it.

Asked on October 16, 2010 under Criminal Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer obviously filed a complaint and an arrest was then made.  But once the dust settles around it I think that it will be straightened out in your favor, as long as the facts are clear.  He seems to have been annoyed that the department of labor made him give you the last check. The prosecution will have to prove that you intended to deprive him of the service for which you were hired. That may be difficult here if you quit way in to your being hired.  Creating a false impression - that you were going to stay until the end of the year - can also give rise to the charge.  I would strongly suggest that you seek help from an attorney.  Good luck. 


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