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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 40103
Experience:  30 years in Employment law
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I want to file charges in an employee that used their credit

Customer Question

Hello
JA: Hello. What seems to be the problem?
Customer: I want to file charges in an employee that used their credit card for personal use
JA: What state is this in? And when did the issue begin?
Customer: DC, began around June 2016
JA: Is the employment agreement "at will," union, full time or part time?
Customer: We never had a policy in place for the credit cards
JA: Anything else you want the lawyer to know before I connect you?
Customer: At will
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 4 months ago.

You would report this to law enforcement.You are also able to terminate the employee for the misuse of the card.Law enforcement will pursue this matter under DC law and prosecute the employee.You are within your rights here to involve law enforcement.

If you are owed funds this may be a second charge and you can seek restitution here through the courts as part of resolution.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

I wish you a Happy New Year.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 4 months ago.

DC Theft law

§ 22–3211. Theft.

(a) For the purpose of this section, the term “wrongfully obtains or uses” means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false token, tampering, or deception. The term “wrongfully obtains or uses” includes conduct previously known as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses.

(b) A person commits the offense of theft if that person wrongfully obtains or uses the property of another with intent:

(1) To deprive the other of a right to the property or a benefit of the property; or

(2) To appropriate the property to his or her own use or to the use of a third person.

(c) In cases in which the theft of property is in the form of services, proof that a person obtained services that he or she knew or had reason to believe were available to him or her only for compensation and that he or she departed from the place where the services were obtained knowing or having reason to believe that no payment had been made for the services rendered in circumstances where payment is ordinarily made immediately upon the rendering of the services or prior to departure from the place where the services are obtained, shall be prima facie evidence that the person had committed the offense of theft.