Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
So your only "offense" was clocking in when you were not working?
Did you have ANY duties other than going into stores?
No, my only duty is to clock in, go into the retailer, and stand around selling for 8 hours. I don't have any other duties. My only offense was clocking in at home, and not showing up to work. I would clock in from home, through a phone call in system, and just not show up to work.
And this store was in Texas?
I did show on several occasions, so the total amount might actually be a bit less. The amount I listed on my question is the total amount I've been paid since starting there.
It might be $150 or $200 less I believe
But yes, I was getting paid for not going into work. Of course, my employer had no Idea this was happening. I am just a bit worried about the repercussions.
It really doesn't fit the definitions of any crimes in Texas and definitely not theft. You can see the theft statutes at http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.31.htm
I don't think it is a criminal offense, just a civil one.
Just like if the employer withholds money form your paycheck when they are not supposed to it isn't looked at as theft.
Ok, so in the case of a civil one what are the possible outcomes? Better yet, what is the worst possible scenario for a civil offense?
You get fired, get sued, and have to repay the money plus whatever attorney's fees they have.
And you can't collect unemployment.
Oh ok, this is actually a huge relief. I just had to be sure on where I stood on this. I do plan on paying back what I owed and trying to fix the situation but my employer just told me that they would contact me on Tuesday to discuss the suspension. When my wife heard that she jumped the gun and assumed I would be arrested.
No, but be sure and don't admit to anything. Just tell them that rather than argue about it you would like to pay them what they claim they are owed and be allowed to resign with a neutral reference being given if any other potential employers call them.
Great advice, I will definitely do that. In our short conversation you have been most helpful. My wife and I greatly appreciate your knowledge and helpfulness in our situation. I'm glad to get this weight off my chest. Thanks again.
You're very welcome.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
If their is any other advice you'd like to give me I'd greatly appreciate it, but if their isnt than I thank you anyways. You have definitely been of most help.
Don't worry, I will definitely leave and Excellent rating!
No, I think we've covered everything other than to say again be sure and don't admit to wrongdoing.
Thank a lot, will do.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).