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Is this not a crime?

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Old 06-09-2008, 06:32 PM     #1
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Default Is this not a crime?

A 15 year manager (Renee), at one of our retail stores quit last Feb.2008. Our stores are set up with a Payroll Company that processes our bi-weekly payroll. There were several times during Renee's 15 years that she would ask for a "draw" on her paycheck. I would allow this provided the draw was in the same month, i.e. (January's 2 pay periods, Renee would draw both of her January paychecks in the first payroll of January and then not be paid again until February). Due to human error, there were several times that our Payroll Company would "cut" Renee's 2nd paycheck that she had already drawn. Renee would give me the wrongly cut paycheck with "VOID" written across it. Two times Renee did not give me the wrongly cut paycheck and when I asked her about it, she said she had already destroyed them and did I want her to dig through the trash to recover the shredded check. Due to trusting her, I answered "no". I would always contact our Payroll Company to inform them of their error and to make sure they had backed out the payroll taxes that were not due. Obviously Renee never shredded those 2 paychecks because after she quit, she cashed these checks through our stores. One check was over 4 years old, the other check was dated a year ago. Renee cashed these checks on a Sunday knowing that only our Assistant Managers worked the stores on Sundays and that they would be reconciling Saturday's deposits - the most profitable day of the week. Both times Renee cashed these checks, she went through the Assistant Manager that she had been in the process of training when she quit. This Assist. did call the Manager to get permission to cash Renee's check and because we had just had a payroll (would have been Renee's last), the Manager did not see anything suspicious. These checks totaled almost $4,000.00. This is in the hands of the police and the detective is saying the D.A. cannot file charges until they talk to Renee. However, she is not returning their phone calls, not responding to their mail inquiries, not answering the door of her home, etc. The detective working this seems to have no interest in pursuing further and tells me it appears to be a civil matter? How can you ignore the police and get away with it? Renee has cost us enough money and I don't want to hire an attorney only to end up with a worthless judgement. Is this not embezzlement? Fraud? Obtaining money under false pretenses? Thievery? Larceny? Renee had breast cancer a few years ago and ended up being off work for over a year. We continued to pay her FULL salary during that year and continued to do so even when she returned at half days. I don't care about a judgement, I would like to see jail time. Hasn't a crime been committed?
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Old 06-11-2008, 08:33 PM     #2
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Default Re: Is this not a crime?

It is fraud and theft and many times police act on situations just like this.

You may need to push them.

But you can also easily sue in small claims.
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