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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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MY QUESTION IS...MY DAUGHTER WAS TERMINATED FROM HER JOB IN

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MY QUESTION IS...MY DAUGHTER WAS TERMINATED FROM HER JOB IN SEPTEMBER FOR TAKING MONEY FROM HER EMPLOYER. THEY HAD HER SIGN A HAND WRITTEN NOTE STATING THAT SHE SIGNED OVER HER LAST PAYCHECK AND THAT SHE WAS TO PAYBACK THE MONEY WITHIN A YEAR OR THEY WOULD PRESS CHARGES. I SPOKE TO HER EMPLOYER THE SAME DAY AND SHE SAID IT WAS AROUND A 1000.00 I SAID OK TO THIS DAY WE HAVE PAID BACK 800.00. WHICH MY DAUGHTER CLAIMS TO HAVE TAKEN 300.00. I HAVE REQUESTED IN WRITING THE COPY OF HER LAST PAYCHECK FOR WHICH I ASSUME THEY WERE PUTTING TOWARDS THE AMOUNT THEY CLAIM SHE OWES. I ALSO ASK THEM FOR PROOF SHE ACTUALLY TOOK THE FUNDS . THEY HAVE YET TO GIVE ME ANY PROOF OR A COPY OF HER LAST PAYCHECK. THEY JUST KEEP SAYING IF I DON'T SEND 200.00 AT THE FIRST OF EVERY MONTH THEY WILL HAVE HER ARRESTED. WE HAVE ESTIMATED HER LAST CHECK AT 400.00 WITHOUT HER BONUS ALONG WITH A PAYMENT OF 200.00 ON OCT 1 AND 200.00 ON NOV 1. MY DAUGHTER IS YOUNG AND VERY VERY STUPID FOR THINKING SHE COULD OR WOULD GET AWAY WITH THIS, DO I JUST KEEP PAYING 200.00 A MONTH WITHOUT PROOF TO MAKE SURE THEY DO NOT HAVE HER ARRESTED ? OR HOW CAN GET THEM TO GIVE US THE PROOF.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Based on what you have said, you are not sure how much your daughter wrongfully took, nor are you sure how much is actually owed. The employer stated it was $1,000.00 and you state you have paid back $800.00, however this seems to be based on an estimation of what her last pay check was.

The employer does not have a right to demand that you pay back more than she took. If the employer demands more money than what was taken in return for not reporting the crime, this would be extortion and they would be guilty of a crime themselves.

In regard to figuring out exactly what is owed, you are saying your daughter tells you she only took $300 but the employer says $1,000. This is quite a difference, and it is impossible to tell who is telling the truth.

I think the best idea would be to contact the employer and demand that they give you a written statement of how much was taken by your daughter and exactly what her last paycheck was and how much is still owed. Tell them that your daughter says she only took $300 and that you need proof that she took more than that. Tell them that if they don't do this then you have no idea how much you need to pay them and you simply are going to just pay them $200 a month without knowing how much is owed. If they threaten to have your daughter arrested, you tell them that this is extortion and that you will file charges against them if they don't disclose these numbers and the proof and cooperate with you.

Please let me know if you have any further questions.

-ZDN
Customer: replied 1 year ago.

i have ask them in writing twice my daughter has told them at least twice and all they say is when they get the information they will let me know. just keep paying 200.00 a month or she will be arrested. the verbal amount between her employer and myself was a 1000.00 on DEC 1 THE 200.00 WILL MAKE 1000.00 DO I STOP PAYING... they hang up on us when we call as well

Expert:  Zachary replied 1 year ago.
If you have agreed on the phone that it is $1,000.00, then yes, stop paying after the next payment on December 1st.

Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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