Thank you for using JustAnswer!
I am sorry to learn of your circumstances.
The answers to your questions are:
1. A lot of trouble. You can be terminated. You can also be criminally charged with embezzlement.
2. The item does not have to have any monetary value for their to be a criminal charge. The fact, alone, that it is the property of the employer is enough.
3. It does not matter if you told them that you were going to return the property or not. That is not relevant to any criminal charges.
I assume that is only after I can prove it was useless in its current condition?
It really doesn't matter.
You have no burden of proof.
Now i see what you The initial charge was larceny. Since the value could affect the punishment, what will they consider?
You may want to first consult with a local employment attorney to work on your behalf to try to negotiate your resignation in such a way that your pension is not jeopardized.
In terms of the degree/severity of the charges, at this juncture, it's not possible to predict/speculate.
Good luck and best wishes for better days ahead.
I hope that you find this information to be helpful and this answer to be ACCEPTable!
okay, lastly, if i resign, would my pension be jeopordized
I do not know if you are vested or not at this juncture.
yes it is
i am vested
That's a good thing.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).