Is This Considered A Crime And If So What Would It Fall Under?
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Is This Considered A Crime And If So What Would It Fall Under?
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Please Excuse All Spelling Mistakes Im In A Hurry To Type This !
I have a family member that has worked for the same company for 20 years as the Manager. Throughout that 20 years he/she never got a vacation even though it was agreed upon that he/she would recieve a 2 week paid vacation per year as the manager. Each year he/she would ask for their vacation time and was denied it nor was he/she given the money to pay for the vacation time he/she was to recieve. The company that he/she works for does not have a company policy on vacation as to wether they have to take it and if they dont they forfit it. Nor is there a policy stating if he/she could cash out that vacation time if it was not taken. There was a verbal agreement made between the " person" and the owner of the company that they would recieve the vacation time or the pay equivlent.
After 20 years of asking for the pay equivlent or to take the vacation time and being denied this " person " took matters into their own hands.
Now here comes the part where Im unsure if it falls under a Crime or not. The person added up what the vacation time would have amounted to in dollars over the years and took that money out of the daily deposits in the sum of $20,000.00. Now this person wrote a letter to the owner of the company explaining what he/she did and why. That it was vacation pay owed to him/her for this many years in that amount. And that he/she was tired of waiting for it and felt he/she was owed and intitled to it. This person did not try to hide the fact that they took the money and openly admitted to it in a letter as i stated.
Now the Company has come in and not fired the person but "dismissed" them from their duties. But told everyone at the company that the person just up and quit. Also the company is trying to file and embezzlement charge against this person.
Please let me know how you would see this situation, if you would consider the person committed a crime and if so what type, or if you feel the person only took what was owed to them and was in his/her legal rights by doing so.
Thank You In Advance for any and all comments, Im on the fence on this one since its a family member i dont know what to think and have been told several different things, I just want opinions from outsiders as to how you would look at this situation.
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evilattorney
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It's a crime. It's theft. The law doesn't allow people to take matters into their own hands and fashion their own remedies. Your family member needs a really good lawyer - he better be ready to incur large legal fees because his former employer can file criminal charges AND sue him in civil court. |
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Joshua H
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I think it's pretty clearly a crime. There are legal procedures for getting something that's owed you. Taking the law into your own hands is a no-no. Your family member needs a good lawyer. |
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Jess N
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You can't just write yourself a check. She should've gone over everyone's head to a lawyer or something. |
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jolynnco
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I think this person should get an attorney ASAP, because the company could go after them for embezzlement. I would also have the person gathering any documentation they could find to prove that this time was owed and never paid, any proof that they had requested this prior.
It may not look good that the money was just removed from the company. I do feel for this person, it does seem like the company has wronged them. I hope it works out.
GOOD LUCK! |
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laughter_every_day
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The crime is embezzlement and even if the person thought he was owed the money, that is no defense to taking the money. If he had sued and obtained a judgment, he could have enforced a judgment but what he did was a crime. |
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canux1
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The situation you explained is embezzlement. Your family member had no legal right to just take what he felt was owed to him. His best option would be to return the money taken and then take legal action to recover what he feels is owed. |
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larry h
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no judge will believe they waited 20 years ,, how numb is he she it ,,they stole the money and thats all there was no vacation |
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♥mary
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A verbal agreement doesn't mean much in court. A court needs proof such a contract. And yes that would be embezzlement because the court does not have proof that he or she had an agreement, the person took it into their own hands to get the money and that is thief. And if the court sided with this person, any person caught stealing money would simply have to say we had a verbal agreement and get off. |
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bcnu
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Yes, it's embezzlement: taking that which is entrusted to you without legal right. Had a court adjudicated the vacation claim as valid, an attachment could have been placed on the $20,000 and received through legal channels.
A local town clerk in our area "took" her fees from the treasury after not getting paid the proper amount for 15 years. Now that 75-year-old woman is doing two years in state prison for embezzlement. |
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