Can I be charged for embezzlement by a worker of a company, rather than the company itself?

UPDATED: Sep 1, 2011

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Can I be charged for embezzlement by a worker of a company, rather than the company itself?

The store manager is trying to press charges.

Asked on September 1, 2011 Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can be charged with embezzlement by the store manager. 

Embezzlement is the fraudulent appropriation to your own use or benefit of property or money entrusted to you by another, by a clerk, agent, trustee, public officer or other person acting in a fiduciary character.

The store manager entrusted you with money which if you misappropriated it would constitute embezzlement.  The store manager in the above definition of embezzlement would be "another" or an agent of the store.  Therefore, the store manager could charge you with embezzlement.

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 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.

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