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Help!trying to make things right!

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  • #1

    Help!trying to make things right!

    I posted on here last week as,due to a gambling problem I was sacked for stealing a large sum from work.
    i am having counselling and support for my gambling.
    my problem is this. My employer gave me a month to pay him back and he would not go to the police. I have raised the money to pay him back the funds I accounted for and admitted to. However, by paying him back,I'm concerned this is a definitive declaration of guilt and can be used at any time to prosecute me.
    is there anyway of getting a contract/agreement written up? Where would I go for this.
    im aware of how stupid I've been,I just want to make it right and move on with my life. Any help is greatly appreciated. Thanks.
    Tags: None
  • #2
    Re: Help!trying to make things right!

    Hi Chelda,

    In order to establish guilt, your employer would have to be able to prove dishonesty, appropriation and intent to permanently deprive. The fact he is giving you a month to repay the amount you took shows he is being reasonable. Even if he did try to go to the police, it is unlikely they, let alone the CPS, would take any action, if you have paid the money back in full. The fact you have been dismissed shows that trust and confidence between you and your employer has broken down. He would be best to leave it at that.

    Bluebottle
    Life is a journey on which we all travel, sometimes together, but never alone.
    • 1 thank

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    • #3
      Re: Help!trying to make things right!

      You could ask your former employer for a settlement agreement - http://www.acas.org.uk/index.aspx?articleid=4395
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR
      • 2 likes

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      • #4
        Re: Help!trying to make things right!

        Hi, does the settlement agreement apply both ways rather than just employee to employer?
        we did have a good relationship which I believe is why he's allowing me this time. He has said to me he doesn't want to ruin my life, he just wants his money back n I am wanting to pay for my stupidity!
        • 1 thank

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        • #5
          Re: Help!trying to make things right!

          I believe so, as it would in fact be a contract, so if the employer breached it you could you could sue for breach of contract, it would also mean the employer would not be able to prosecute you. And as bluebottle said, so long as you repaid the sums the police are unlikely to pursue the matter.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment

          • #6
            Re: Help!trying to make things right!

            Originally posted by Chelda View Post
            Hi, does the settlement agreement apply both ways rather than just employee to employer?
            we did have a good relationship which I believe is why he's allowing me this time. He has said to me he doesn't want to ruin my life, he just wants his money back n I am wanting to pay for my stupidity!
            No these are for payments to an employee form an employer of course.

            Personally I would keep the agreement informal, if he is willing to accept repayment and end your relationship on relatively good terms. It may be an idea to make the repayment by cheque though, if it is not going to cause any problem, just so that you can have some kind of paper trail

            Comment

            • #7
              Re: Help!trying to make things right!

              Thanks for your advice. I'd like to think that we have a good relationship n he wouldn't take it further. Family members are saying I need something official but I think if he took this to the cps, the agreement would be null n void anyway?!

              Comment

              • #8
                Re: Help!trying to make things right!

                Originally posted by Chelda View Post
                Thanks for your advice. I'd like to think that we have a good relationship n he wouldn't take it further. Family members are saying I need something official but I think if he took this to the cps, the agreement would be null n void anyway?!
                Yes it would, sounds like you have matters under control

                Comment

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