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Yes, you can absolutely file charges against him. This is called "embezzlement". When you employ someone and entrust that individual with money or access to the money, but only to be used for the business, and that individual misappropriates those funds for his/her own benefit, then that would absolutely be theft (embezzlement) and at this level it would be a felony.
You could tell this individual that you're going to press charges if he does not make things right. Note that you can only ask for the amount that he took. If you ask for more, that could be construed as blackmail, which would be a crime on your part.
You could also sue in small claims court, although as part of a criminal case, he would almost certainly be ordered to pay restitution.
Thank you! I will talk to local law enforcement. I was unsure since I did give him the pin number. I think this amount is too large for small claims court in Texas but it is an option at least.
You can sue for $10,000 in small claims, and if it's right there, you can limit your claim to $10,000.
The pin is not an issue if he was not authorized and knew that what he was doing was wrong. Again, that's embezzlement.
Oh great! I thought the limit was $5000. Thank you again.
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