Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
I don't know that they are bluffing. They may not understand the distinction between criminal and civil actions. So, they may very well contact the DA. Technically speaking, this is a criminal violation but it is so minor that most prosecutors (I am a prosecutor) wouldn't bother with it, and would recommend taking civil action instead.
So, ultimately the employer may end up filing a lawsuit (based on the direction of the DA) instead of filing criminal charges. You'd still end up having to explain yourself to a judge and could face financial penalties.
Because of that, it might be in your best interest to at least discuss the matter with them or hear what they have to say on the issue. I wouldn't sign anything, but listening to them can't hurt you.
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