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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 11884
Experience:  JD, MBA
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I have been accused of missing money: i take the rent money

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I have been accused of missing money: i take the rent money in with the tenant standing there give them receipt and put it in lock safe. I do not have the combination to this safe just the another employee and boss does. This happened fours months earlier and the owner didn't care and said in the memo section on quickbooks, under tenants name just type " paid directly to doug" and he didn't want me to call tenant to see when they came in to pay. After this incident I said don't want to be liable and asking for the safe with the combination that i didn't have access to (before the keys were in the front desk and maintenance and anyone could take) I am not the only one that takes in rent money the other lady and owner does too.

the proof he says he has is that I didn't enter the payment and one week later I entered the payment stating that the tenant paid. Its Quickbooks and not secured. This is a daily practice in this business, sometimes the tenant pays and we have to go back and change it to use the rent for security instead.
phones are ringing, line out the door of people waiting to pay rent, maintenance calling for next job. you forget to add to the system. When owner does the banking he will call down say he has extra rent that wasn't recorded and one of us employees would just put it under the tenants name. Common practice.

He is only accusing me and not the other lady who has the safe combination and was doing the banking when he was out of town. he went to the police but not filing charges leaving that up to the investigation. I have been suspended but not fired.

NOTE : last year there have been over 6 employees hired and left between 1 to 3 months : he hires employees through workforce program that pays their salary for 4 months.

Question : am i eligible for unemployment? and can criminal charges be brought on the proof that there was a computer error on my part (anyone in that office could have deleted it ) and that #1100. is missing. But owner isn't accusing the other lady even though she had access to the safe.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

Question: am i eligible for unemployment?
Answer: You are eligible for unemployment benefits if you are unemployment through no fault of your own. Accordingly, if you were to file for unemployment, then whether or not you're eligible would depend on whether there is reasonable evidence that you took the money. If the evidence indicates that you did, then you would not be eligible. But if there is no evidence, then you would be eligible. You should note, however, that the evidence for this does not have to be "beyond a reasonable doubt," like in a criminal case. They must only prove that it is more likely that you took the money than that you didn't take the money.

Question: and can criminal charges be brought on the proof that there was a computer error on my part (anyone in that office could have deleted it ) and that #1100. is missing. But owner isn't accusing the other lady even though she had access to the safe.

Answer: As mentioned above, to convict you they'd have to prove that you took the money beyond a reasonable doubt, which generally means there is a 99% chance that you took the money. Based on what you wrote, there likely isn't enough evidence. The fact that you made a computer error doesn't mean that you took the money. Moreover, the fact that somebody else had access certainly creates doubt. I don't see how anybody could convict based on that.

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