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ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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what constitutue difference between legal compensation and

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what constitutue difference between legal compensation and embezlement?

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : The difference is entitlement to the money or other thing of value. Embezzlement is different than other forms of theft in that there is a position of entrustment with something of value by an employer or other legal entity (such as a trust). The individual has possession of money and/or other things of value, legally, for the benefit of the employer / trust / etc... But compensation is where that employer / trust actually pays that individual, out of the employer / trust's voluntary actions. Embezzlement is where the employee / trustee takes money and/or something of value without authorization to do so.
ScottyMacEsq : An example: suppose there is a cashier for an employer. The cashier is given a register with $500. The employee works an 8 hour shift, and the employer says to take $100 out of the cashier for the employee's pay. This is legal compensation. If the employee takes $150 out, $100 is still legal compensation, but $50 is embezzlement, because the employee was not authorized to take that additional $50.
ScottyMacEsq : Ultimately the distinction is whether the employee was authorized and entitled to that amount taken or not. If not, that would be embezzlement. If so, that would be compensation, or even gratuitous payment (i.e. a bonus, gift, etc...)
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
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