I recently got paid from my previous employer, more money than I was supposed to recieve. It was the companys mess-up & now I don't have the money to pay them back. I went to talk to my previous employer and they told me that I owed $60 of the check I recieved. I paid the $60 & now they are telling me that I was only suppose to recieve $60 instead of $321.41. Since it was the companys mess-up to begin with, plus they told me the incorrect amount, can they press charges on me? Also, I'm a minor.
This should be a civil not a criminal matter. That being said more context is necessary to determine if the former employer can suggest criminal intent to the police or the local prosecutors. Consult and retain an experienced criminal defense attorney who is also versed in the civil( money damages aspect ) of your question ASAP. Be aware and beware!
Please do NOT use this answer/response to say or do anything regarding your situation. This answer/response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.
This does not amount to embezzlement in my opinion. You did not make the mistake, and you even corrected it according to their instructions.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida. If you wish to contact the above attorney, see his profile at this website.
It doesn't sound like embezzlement, particularly since it was the employer who overpaid you. You should see a local employment attorney. You could also ask the employer for a complete accounting showing the alleged error.
TELL YOUR PARENTS OR GUARDIANS -- NOW!!!
First, I wouldn't be discussing facts of accusations, in depth, over the internet. Second, if these are all the facts, then it sounds civil and not criminal in nature. HOWEVER, are these the facts that will be told to the police??? There are 3 sides to every event. YOUR side. THEIR side. And finally, what exactly happened. Unless the entire event was videotaped and audiotaped, there will be holes that interested parties will fill in. Your best protection is to reach out to a seasoned criminal defense attorney who can ask you the hard questions, face to face, in confidence. Remember, it's like going to the doctor, you MUST tell him everything and NOT just what is good for you. Police only require probable cause that someone committed a crime too, and this is a low standard of proof, much lower than the one needed at trial.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline