Shoplifting, Larceny, Robbery, Theft Workplace - Criminal Act or not??

[pacfinancial]

What is the name of your state? CA

I was working as a salesperson for an office supply company, when my numbers got a little short and my job was threatened I falsified a couple accounts and had the office supplies delivered to my home address (I did not forge any signatures and did not sign anything that said I could not make my own accounts, but did use a fictitious name). When the boss found out I quit and returned all of the products I ordered. I never benefited from it from a financial point of view and it did not end up helping me keep my job longer than I would have otherwise. My sales manager is now threatening me with "criminal action", could they really do something? If so, what? And is it likely?

 

[redbanknaacp]

Not Criminal

You did nothing criminal. Any liabiliity for your actions are strictly civil in nature. I don't think that it is likely the folks will come after you. There appears to be no damages involved here and it will probably cost more than it is worth to bring any action against you.

 

[pacfinancial]

You did nothing criminal. Any liabiliity for your actions are strictly civil in nature. I don't think that it is likely the folks will come after you. There appears to be no damages involved here and it will probably cost more than it is worth to bring any action against you.

Thanks for your response I really appreciate it.

And by civil charges, what would or could that be?

 

[calalily]

I think it is a criminal matter. You falsified documents (possible fraud?) and stole from the company. It doesn't matter that you returned the items. If you didn't pay for the for the items,it sounds like theft to me and depending on the amount of the items you had delivered would determine the charges.

 

[redbanknaacp]

It depends CONTRACT/TORT action

Thanks for your response I really appreciate it.

And by civil charges, what would or could that be?

I would not worry about any criminal action because most criminal statutes are codified with an intent component (Mens Rea -- look it up) It appears that you were trying to make your sales figures look good by making yourself look like a buyer. So If I were the owner of the business and wanted to come after you, the theory in CONTRACT law would be that you made me believe that you had made a purchase and as such my inventories were reduced accordingly and now here you come returning the merchandise denying me the opportunity to have sold to someone else -- therefore by contract law -- you made an offer to purchase the merchandise which is now yours -- cough up the money and come take the goods. It would not matter that the merchandise has been sold already after you returned them. They are still entitled to the sale that you made.

An alternative theory in TORT law would be that -- as an agent you had the right to make the transactions you made but to benefit the business. Despite the fact that you did not intend to steal you still held onto property not belonging to you for an inappropriate amount of time -- that is CONVERSION. Joy riding of vehicles by minors is similar. If a kid took your car with the intent of riding around the block to impress his girlfriend -- and with absolutely no INTENT of keeping it -- it would be very dificult to charge theft.

As always -- when in doubt -- consult an attorney -- but go with an idea of the possibilities. It all hinges on your intent for commiting the act. If you intended to steal and that could be proven (by say a confession you made to one of your trusted buddies or a boast about how you pulled one over) then you could be prosecuted in a criminal court.