To sum up the story as best I can...
Husband accused of stealing money at work and fired 2/12 No one gave him a straight answer on the amount but the whole thing was a total farce. We had a hunch they wanted him gone (after 10 years with the company).
Fast forward a little bit Husband files unemployment and also a complaint to the NYS dept of labor standards because emlployer refused to send last paycheck. (we still have not received it)
Unemployment ends because ex employer told them he was fired for theft... and arrested.
Husband was NOT arrested.... he was sent a notice to go for a pre-warrant hearing.
We hire an attorney(totally broke but have wonderful family who helped as its the principal of all this,they know my husband as well and he is NOT a thief)
Today at the pre-warrant the DA wanted husband and previous employer to work this out or it would just be sent on to city court. Attorney advised us that even though we know he is innocent of the theft to just pay the measely $217.40 and get this over.
so we did
he assured us that its not an admission of guilt but rather a way to get on with life. My husband starts a new job monday(yayay) but we have had no income for 7 weeks now. We could not afford for this to go to trial as it was going to cost between $1000 and $2000 in attorney fees. He was certain though during a trial that my husband would be found innocent. Not to mention how do you ask a new employer for days off in the first few weeks. The emotional stress and not sleeping the past couple of weeks has taking its toll and we just wanted this over.
So the $217 seemed liked the best choice financially. But not emotionally now that I am thinking about it. He didnt take this money yet we had to pay. The attorney said there is no record of this as it is the same as a dismissal.
Now I am thinking we shouldnt have done this. How will it look for an unemployment appeal?
I know the legal system doesnt always work but this is proof that anyone can file a complaint with the police saying that they had something stolen and wahlah... excellent form of 'revenge'. The person pays the amount. The complaintant makes a little extra money.
What a mess....
Do you think we made the right decision?
Husband accused of stealing money at work and fired 2/12 No one gave him a straight answer on the amount but the whole thing was a total farce. We had a hunch they wanted him gone (after 10 years with the company).
Fast forward a little bit Husband files unemployment and also a complaint to the NYS dept of labor standards because emlployer refused to send last paycheck. (we still have not received it)
Unemployment ends because ex employer told them he was fired for theft... and arrested.
Husband was NOT arrested.... he was sent a notice to go for a pre-warrant hearing.
We hire an attorney(totally broke but have wonderful family who helped as its the principal of all this,they know my husband as well and he is NOT a thief)
Today at the pre-warrant the DA wanted husband and previous employer to work this out or it would just be sent on to city court. Attorney advised us that even though we know he is innocent of the theft to just pay the measely $217.40 and get this over.
so we did
he assured us that its not an admission of guilt but rather a way to get on with life. My husband starts a new job monday(yayay) but we have had no income for 7 weeks now. We could not afford for this to go to trial as it was going to cost between $1000 and $2000 in attorney fees. He was certain though during a trial that my husband would be found innocent. Not to mention how do you ask a new employer for days off in the first few weeks. The emotional stress and not sleeping the past couple of weeks has taking its toll and we just wanted this over.So the $217 seemed liked the best choice financially. But not emotionally now that I am thinking about it. He didnt take this money yet we had to pay. The attorney said there is no record of this as it is the same as a dismissal.
Now I am thinking we shouldnt have done this. How will it look for an unemployment appeal?
I know the legal system doesnt always work but this is proof that anyone can file a complaint with the police saying that they had something stolen and wahlah... excellent form of 'revenge'. The person pays the amount. The complaintant makes a little extra money.
What a mess....
Do you think we made the right decision?
