WWYD-THEFT consequences

[Blueylovingnana]

Need some advice pls, yes wish id done things different but how to move on?

Background - sacked an employee for stealing. After serious suspicions i obtained video evidence of cash being stolen on numerous occasions but at the time actual amount unknown.

I had money of employees in my possesion which i offered back to them during the dismisal discussion, this was pushed back towards myself 3 seperate times and employee told me to keep it and left without it. Later in the day the ex employee asked for this money back to which i agreed, to my convenience.
Over the nxt few days looking back at accounts there appears to be discrepiencies of £100s. I do know the previous months cash figures were £700 short, hence suspicions.
Realising how much could have been stolen, i made the decision to keep their money as compensation as was implied previously when declining it from me.
Now my delimma is, over 2 months have gone by and my partner and I are still receiving threatening messages from them about us being theives and keeping their money.

YABU - Its not your money give it back.

YANBU - Keep the money, they've already had it and possibly more

Go go to police let them deal with everything

why did you have the employees money?

What's the reasoning for not having reported to the police already?

If having the employees' money is because it's wages/salary owing, there are legal restrictions about deducting from salary.
also, once had a situation where owner of business has set up surveillance cameras, member od staff threatened unfair because the filming was secret and unauthorised, threatened to take it to a tribunal - solicitor said he probably had a case, fortunately the guy didn't pursue it.
Maybe get a forensic accountant to take a look to prove the embezzlement you suspect, and confirm it was that employee, or involve the police? - You could still be on dodgy ground withholding salary though.

Did you post about this before?
If its wages then you do have to pay your emplyee any wages due and can't just not pay them - how will that work with payroll/tax etc?
I know that morally it may seem to right to keep the money but you can't just dock wages like that if thats what you are talking about

give Them the money back, make sure you have proof you have done this and go to the police

Ah dude I don't think you can withold wages like that. Why haven't you involved the police?

The two issues are separate. If you want to cliaim the stolen money back you first have to prove it was stolen, either via the police or through the small claims court. Until you have a legally valid debt from the employee you have just stolen their money.

I’d go to the police.

I had a friend who was previously in an almost identical situation. Their lawyer advised that keeping the money would also be theft.

You're robbing them right now! You have no right to withhold their money.

Separate issues. Pay what you are due to and then look into the shortfalls. Have you been asked for a reference?

Two wrongs don't make a right. You should have reported to the police as soon as you knew how much was missing, but you shouldn't keep their money (what is it? Wages?) regardless. So now I'd give them their money back and report them to the police for the theft and give the police the video evidence.

You’re mixing two entirely separate issues here- you are not judge, jury & executioner.

Give them the money they are owed.

Go to the police regarding the theft and let the actual law enforcement deal with it.

Why do you have your employees money? If it's wages, yes you have to pay them.

If you have evidence of theft and you want to be compensated, go to the police and/or claim on your insurance. You don't get to be jury and judge on this one, just because you employed them.

You can’t do that. It may seem morally right but it’s not legally right as the theft issue and his/her wages are two separate things entirely. Legally, you withholding a chunk of wages results is therefore you paying less than minimum wage which is highly illegal.

It’s like if you’re renting and the landlord isn’t fixing something, you cannot then not pay rent, you’d then be in arrears and the lack of repairs would not be a good reason for it.

The money wasnt wages, i had it 4 safe keeping.
I had every intention of giving it back, as i tried. I agree its not mine and am as bad as them by keeping it.
I didnt want to go 2 police as they have young children and felt it would negatively impact them.
I guess i need 2 come to terms with the fact that its not my actions causing consequences but the parents actions

Employees were aware of security cameras as i installed previously, but they were periods where they werent working, notices are implace re cctv.
Next stop police station

You’re just as bad then as you are also now stealing.

Let the police deal with it all.