Fraud, Embezzlement, Bad Checks Embezzlement

[StarrB]

This is for California.

i worked for my employer for 11 years.

i was caught trying to embezzle a check that i made payable to me.

I was fired and was asked to sign a confidential severance agreement and release.
I know alot of information and they are afraid that i would tell trade secrets or disclose client info to others.

Anyways.. i am unsure about a paragraph of the agreement and release and hope that you can make it clear for me.

7. General Releases by EMPLOYER

EMPLOYER hereby releases and forever discharges EMPLOYEE's Releases described below from the Claims described below.

EMPLOYEE'S Releases" include EMPLOYEE (**ME**).

"Claims" include any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent, which EMPLOYER now has or may hereafter have (except as otherwise provided herein below) against the Releasees or any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof.

EMPLOYER acknowledges that it is familiar with the provisions of California Civil Code Section 1542, which provides as follows:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

BEING AWARE OF SAID CODE SECTION, EMPLOYER EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINICIPLES OF SIMILAR EFFECT, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.

my question is this... can i be criminally prosecuted in the court of criminal law for this if we both sign this agreement... and if any previous checks surfaced in the future does this agreement void itself? The last two paragraphs that are in caps is what confused me?

Thanks for your time,
Starr

 

[CdwJava]

my question is this... can i be criminally prosecuted in the court of criminal law for this if we both sign this agreement

Sure you can. if the matter is reported to the police, the police can still investigate and the DA might still pursue charges.

... and if any previous checks surfaced in the future does this agreement void itself?

That's what the first of the capitalized lines says.

It's likely they will not report it to the police if you sign this agreement, but that is no guarantee, and the police are not obligated by your civil agreement with your employer.

My gut feeling is that if you sign this, they will not contact the police. However, if you do NOT sign it, you might very well expect the police to come knocking.

You might consider consulting an attorney to evaluate your exposure.

- Carl

 

[StarrB]

Thanks for your reply CdwJava...

My other thought and questions on this issue...

would it make them suspicious if i had them remove that paragraph:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

BEING AWARE OF SAID CODE SECTION, EMPLOYER EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINICIPLES OF SIMILAR EFFECT, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.

if any thing else came up??

What if i asked them to add a paragraph to the Release stating that they will not turn anything over to the DA or any government entity.... is there such verbage that can be put into such a release? he expressed verbally they would not... but i dont want any what if's...

Im extremely shameful, regretful and embarrassed that I did this and was caught... and now that I see the bigger picture... like in my face... I cant even believe that I was so ignorant and selfish to do such a thing... but I want to secure my safety as best as I can under the circumstances... and move forward in a positive position... but sleeping at night these past few days... has been minimal to say the least.....

Also offered to me in the Severance Agreement and Settlement was my wages to be paid for the next 6 months as well as my health insurance... i will continue to receive my paycheck every two weeks as if I am still employed thru them... Im grateful for this ... as I am a single mother... and I dont have to take the first job that I get... and I can use them as a reference as well... I know they are doing this cause I did give them 11 years... and was with the main boss since almost day one of him opening his solo business... then about 4 years ago he offered another gentlemen to come on board as partner... even though his name wasnt on any banking and company things... their partnership was verbal...

I understand that they are getting something out of this "Agreement" because they think i would give trade secrets or client confidentiality but my bigger picture is not going to jail... even if that means not taking the Severance monies offered...

maybe i should scan the whole "Severance Agreement and Release" to let it be read for thorough understanding...

THanks for all your help... I just wanna put this behind me... and move forward...