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Accountant/Bookkeeper - Florida
Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime. The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program. I plead to misdemeanor petit theft per the judgment. I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1).
I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt.
I have been recently told that because I plead guilty in the criminal case of theft that it will override the civil claim and I will lose and possibly have to pay my employer's legal fees. I have also been told after the criminal judgment that small claims court is an option.
I'm confused. I understand the two are related but the criminal case is about theft and the civil case is about the FLSA Regulations, 29 C.F.R. Part 541. By pleading guilty to the theft am I also agreeing to an exempt status per the FLSA? That doesn't make sense to me since the charge per the Florida Statutes is grand theft, 3rd degree (greater than $750 less than $5,000) and the civil case is about Federal Regulations.
Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime. The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program. I plead to misdemeanor petit theft per the judgment. I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1).
I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt.
I have been recently told that because I plead guilty in the criminal case of theft that it will override the civil claim and I will lose and possibly have to pay my employer's legal fees. I have also been told after the criminal judgment that small claims court is an option.
I'm confused. I understand the two are related but the criminal case is about theft and the civil case is about the FLSA Regulations, 29 C.F.R. Part 541. By pleading guilty to the theft am I also agreeing to an exempt status per the FLSA? That doesn't make sense to me since the charge per the Florida Statutes is grand theft, 3rd degree (greater than $750 less than $5,000) and the civil case is about Federal Regulations.
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