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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Can a person who took money from thier emplyer but paid it

Customer Question

can a person who took money from thier emplyer but paid it back be charged with a crime.
the emplyer has stated if the person also pays back all the wages they were paid since they started working they would not file charges. this sounds like blackmail.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

No amount of money the employee pays back can prevent the filing of criminal charges. If returning what was stolen prevented prosecution, then anyone who shoplifted or stole anything ever would simply return it if caught and then be immune from any effort to prosecute them.

Returning the money is certainly something the District Attorney and judge would consider when deciding how to prosecute and sentence the crime. It may even cause the DA to decline to pursue the matter altogether, though that is never a guarantee. So, returning the money helps but does not in any way ensure that the employee won't be prosecuted.

Now, if the employer is demanding MORE money than what their losses were in exchange for not reporting the crime, that can be construed as extortion, which itself is a criminal offense. However, this does not offset or somehow nullify the original criminal offense perpetrated by the employee, which can be prosecuted no matter what. However, the extortion can be reported to the police separately, and the DA may prosecute that crime against the employer.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.