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Allen M., Esq.
Allen M., Esq., Employment Lawyer
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I have been using my corporate card for personal expenses,

Resolved Question:

I have been using my corporate card for personal expenses, but paying the bill each month, NOT filing them with the company for reimbursement. However there were a some expense that I did file that were personal. Probably around $1000. I was called to HR about a $50 expense and denied it, but did admit to using the card for personal expense, but reiterated that I was paying the bill each month.

I was suspended pending an investigation. I have been requested to meet with the head of HR on Monday. Im sure I will be terminated, but will I be arrested and charged with a crime? Or will they just terminate and handle internally?

Also should I just resign and not attend the meeting? And if I have to attend the meeting, should I bring a lawyer?

Please help! I already told them I wanted to do whatever was necessary to rectify the situation and I have fully cooperated.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

Unfortunately, there is no way to know at this stage whether or not they'll report this as a crime.

 

There simply not any legal formula that dictates the employer's response here. They can certainly choose to handle the situation internally, but they can also choose to report the situation to the police as a form of corporate fraud.

 

Resigning here doesn't legally help you in any way. If they are not willing to handle the situation internally, you'll need to invoke your right to silence if any police show up and work with an attorney to cooperate in the way that best protects you.

 

An attorney at your termination meeting will really be of no use. That isn't a forum that an attorney can help you.

 

 

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16080
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 8 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

if they choose to report as corporate fraud, will the police arrest me? Like in handcuffs, take me to jail?


 


If they report as corporate fraud that would mean they would intend to take the case to court? Is this a felony? Would I potentially serve jail time? I have no prior offenses of any kind


 

Expert:  Allen M., Esq. replied 1 year ago.

If they chose to, yes the police can certainly take that approach and arrest you.

 

They can also just call you and ask you to come in. For situations like this, without violent crime being alleged, they tend to be more permissive.

 

With the amount that you are talking about here, it is unlikely that you'd face jail time. There would almost certainly be an offer of pretrial diversion involving community service and probation.

Customer: replied 1 year ago.

Thank you. Sounds like I have no choice but to go to the meeting and then from there....

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