I worked for my best friend as an assistant for 8 months, she would give me signed checks to pay myself for expenses that were spent out of my personal acct on her behalf and a salary that was verbally discussed. The checks were on a biweekly basis and the amounts were never questioned until there was a severing of the friendship and at that point, never before requested, she wants reciepts of everything I ever spent money on for her. First that was never anything she had requested before, second she wants me to pay her the difference of expenses/salary that she deems to be in excess of those totals. First off, there is no clear way for me to reconcile a certain dollar amt, second, there was never a contract of any kind. I have come up with a total of a rough amount that I spent, and in good faith want to pay her the difference but in doing so, do not want to admit any wrong doing of any kind. How do I do that in the best way?
Thanks for any advice you can offer
It is concerning that you concede that you owe anything. That aside and to answer your question, you have her execute a full and final release of all claims with no admission of liability. Given your potential criminal liability you might want to consult a lawyer for help in drafting one.
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"I have come up with a total of a rough amount that I spent, and in good faith want to pay her the difference..." This statement suggests the amounts you wrote on a series of checks meant for reimbursement and salary exceeded the amount you were entitled. If so, you should retain an attorney and disclose all the facts including the evidence. The attorney will be able to guide you through this dangerous legal minefield. Also suspend making any statements in emails, text messages or orally with your former boss/friend. They will likely be used against you. Let your attorney speak to them. If you can not afford an attorney, you should search for free legal aid organization in your area.
First of all, you should get a lawyer to advise you about whether this is a good idea. Paying may not be in your best interest. Having said that, a carefully worded settlement agreement can exchange a payment for a promise not to sue and clearly state that it is not an admission of guilt. A lawyer should draw this up for you.
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I agree with the above responses, your lack of documentation to establish the expenses and the lack of a written contract have you in a tough position. Depending on the amount at issue, you may need an attorney at the very least to analyze the potential liability and any criminal issues. Either way, the settlement amount if you come to an agreement with your former friend/employer will be attached to a full release with a customary clause that does not admit any liability.
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