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Filing a case against an employee after paying the embezzlement amount?

Hi,

I made half payment for an embezzlement amount and the company has given me one-month time.

Can they retract the agreement?

Will that be valid? And can the company file a complaint against me?

The amount is 44k and I made half payment.

Jennifer Arkhurst

Arkhurst & Abdellah Solicitors

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31 Oct 2021, 07:53

Dear Sir,

Partial payment does not exonerate you. Embezzlement is still a criminal offense (theft). If the remaining amount is not paid, the company can do three things:

(1) Terminate your employment (they will need a court conviction which will be easy as you have admitted to the offense).

(2) Open a police case/arrest/court conviction & imprisonment.

(3) Start a civil case to recover the amount due from you.

They have been lenient by entering this agreement with you so you have to play your part. If you are having difficulty coming up with the balance to pay in one go, pay what you can and ask for more time.

Hope you find this advice helpful!

Jennifer Arkhurst

31 Oct 2021, 08:10

Thanks for the help!

I will be clearing the balance payment. Once I make the balance payment, can they still make any case against me?

They have already terminated me. And on the other hand, for the other convict, if he doesn't pay, will there be any problem for me?

Please note that nowhere on his confession my name is given and his name is not added on my confession.

31 Oct 2021, 09:08

Dear Sir,

You should ask for and keep receipts for all payments made. After full payment, ask the company for a clearance letter on company letterhead to show you have paid off the full amount.

This letter should ideally also state that the company will not have any further claims against you in relation to the subject matter.

If the company was proceeding against you and the person separately, the clearance letter should protect you.

31 Oct 2021, 09:17

Thanks a lot for the help!

Please provide me with your contact details.

I will contact you if I face any problems from the company after clearing all my dues.

31 Oct 2021, 09:26

It's a pleasure, we are here to provide legal support.

My contact details are Tel: (.........) and Email: (........).

Best wishes,

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