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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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When an employee takes money from the company but is paying

Customer Question

When an employee takes money from the company but is paying back the company can the employer still open charges
Submitted: 6 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 6 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 6 months ago.

Unfortunately for the employee, yes they can still file a police report. That is because the actual crime of taking the money (theft) was committed when it was taken. The fact that the employee is paying back the employer doesn't now negate the crime. It would be like a person breaking into a car, taking a wallet from the front seat, then changing their mind and returning the wallet - the crime has still be committed.

That said, only the state, through the prosecutor's office, can file charges. No one else may "press charges." An employer can file a police report, but the state has final say.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 6 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

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