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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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If you are discharged from work for unauthorized usage of company

Resolved Question:

If you are discharged from work for unauthorized usage of company funds. And you estimated the amount of $17,175.00 and paid back 80% of that estimate. And you asked for a reciept. However the company refuses to sign acknowledment or provide a reciept. Can I refuse to pay back the 80% and retain a lawyer or could I face criminal charges?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nate replied 11 months ago.
My name isXXXXX am a licensed attorney and will be assisting you tonight.

Whatever is owed needs to be agreed upon by you and the company. That needs to be written down so that there is no misunderstanding and so that there is a definite settlement of the debt.

They could pursue criminal charges but that is unlikely. Ultimately they want what is owed returned. That is why it is important to set that definite amount. Retaining a lawyer would be advantageous to you in order to establish that definite amount. Once you have the total owed established you can pay against it and they can't try to increase the amount or say you haven't paid.

At this point, retain a lawyer to write a letter to them to establish definite repayment terms. That way you avoid any further complications with settling this debt.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 11 months ago.

If the company advises that they are going to presue criminal charges although you have the funds to pay them back can they still press criminal charges?

Expert:  Nate replied 11 months ago.
They can still do that as it technically is a criminal act. Usually in situations like this if you can pay them back they won't bother with the criminal charges. It's too much trouble and time lost. Often that is a tactic, a sort of threat, to get repayment. The best thing you can do, of possible, is repay immediately.
Customer: replied 11 months ago.

The owner of the company is aware that I cashed out some of my retirement. He is hounding me for the funds from that withdrawl (in cash). I have no problem giving him those funds as long as it towards a repayment of what I've taken. I have come up with an estimated amount but he has yet to disclose any amount. He just keeps advising my husband that it is a lot. My husband ask to see a list or to give him an amount. The owner then advised us that he doesnt have to show us anything. He is planning on meeting us tomorrow at the bank to cash the check. He was upset when I advised him of the amount of the check even though it's 80% of what I feel is owned in one big chunk. The question is should I still give up the funds in cash if we both sign a peice of paper that we get noterized stating that the funds are payment towards the debt - even though the amount has not been agreed upon yet?

Expert:  Nate replied 11 months ago.
You at least need to get confirmation as to what you paid. If it keeps criminal charges at bay it is worth it. You still need to get an attorney to negotiate a definitive amount as to what is actually owed in repayment.
Customer: replied 11 months ago.

What type of attorney would we have to retain to get the best results and protection?

Expert:  Nate replied 11 months ago.
Any attorney experienced in criminal defense would be helpful. They can negotiate a settlement and discourage any criminal filings. That would be your best solution.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10536
Experience: Over 10 years of criminal defense practice.
Nate and 8 other Criminal Law Specialists are ready to help you

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