Shoplifting, Larceny, Robbery, Theft Question About An Employment Investigation

[daveg35]

My jurisdiction is: Indiana

Ok....if you are interviewed by a company, they do a background check, find out you have theft and fraud charges (and go against their policies and hire you anyway), then you steal from them, can they press charges, or can the state, even though they let you work there knowingly of your past? If after they accuse you, and coerce you to make a statement, is it admissible in court? Can they force you to sign over paychecks to cover the cost of a crime they ASSUME you did because of a coerced statement? Please help!!!

They were given a current police report at time of job, saw the charges, knew corporate would throw a fit, yet hired anyway...

This was a convenience store clerk position; they are accusing me of stealing $22,000 of Green Dot reloads over 5 months time. All transactions come into a central computer source everyday, so if I had actually done it, they would have found out on day 1, not 6 months later. Second, I have never applied nor received a Green Dot card, however, my full amount of info was readily accessible at work. They have not produced video/audio of me doing anything--just have transactions on paper and from the Green Dot Network. Also, the machine was "z'd" out after each transaction, which requires a manager password I never was given or had access to....not sure what to do as I cannot afford council; no charges filed as of yet...do I talk to detective and let him try and 'sucker' me into a confession when I have nothing to confess? Do I HAVE to talk to detective, or will he not believe me due to priors although the employer took a doctored statement from me? And yes, it was doctored...she (corporate investigator) told me they wanted it all to end peacefully, that no one was in trouble, and I had no idea what I was writing about when I wrote it as I didnt find out about the actual accusation and investigation until AFTER I took this bogus statement AND signed a line I later found out to be a promissory note for monies I had no idea about being missing!!!

 

[dee_dub]

Couple things... The fact that the employer knew you had a record does not excuse a crime you may have committed. Unless you want to argue you were somehow entrapped, the employer should be commended for hiring you despite the blemishes on your record.

Second, they're not forcing you to pay for a crime they assume you committed based on the coerced confession. They assume you committed the crime for whatever reasons they already had prior to getting your statement. They got you to state you did it because they already thought you did it, and the statement gives them contractual leverage.

Speaking from a contract point of view, since criminal charges aren't filed yet... A contract signed under duress is unconscionable and will not be enforced by the court. However, your agreement to pay based on a claimed coerced statement is probably NOT unconscionable. You had realistic options: refuse to sign the false statement, tell them damn the torpedoes, you're innocent and if they think otherwise you'll have your day in court and be proven so. So whatever agreement you entered into with them is valid.

I'm not up on criminal evidence, so I'll let someone else speak to the admissibility of your statement. I would suggest that you do not have to talk to a detective at this point, and unless and until charges are filed, you should probably avoid doing so.