Can a company press charges after I signed a promissory note promising to pay back the money I owe?
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Can a company press charges after I signed a promissory note promising to pay back the money I owe?
I recently got fired at my job for making markdown tickets and ringing up
merchandise that is not the original price. The amount came to $847. I signed a
promissory note agreeing the pay the money back in a specific time frame. I
apologized and they let me free the same night. I did loose my job. I am afraid
that this will be on my background check, and they will prosecute me. The loss
prevention employees seemed glad that I agreed to pay the money back. They
told me that they will not get the authority’s involved. I am still very scared to what will happen in the future. I plan on paying the money back right away.
Asked on October 10, 2018 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they could. A crime--like stealing, which is what you did, based on what your write--once committed is always a crime, even if the perpetrator offers to repay or does in fact repay what was taken; a perpetrator cannot avoid prosecution by repayment or reimbursement. The promissory note does not legally bar them from pressing charges.
That said, pressing charges will take them staff time and effort, and so effectively cost them money. They don't want that; they'd rather be repaid. So if you honor the promissory note, it is unlikely that they will press charges.
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