# Stole from former employer who has conducted internal enquiry. Do I need a solicitor?



## Simic (14 May 2009)

Hi

I have got myself into a bit of trouble.

I ran into some financial trouble over the last 6 months. 

Out of sheer desperation I pretty much stole stock from work to sell to pay mortgage and other bills. Im not proud of it and am so ashamed. 

Anyway the short story is i got caught and I owned up. I paid back a large amount of what I took and admitted to other incidents.

 Now the company is carrying out an internal investigation on everything i have ever done while employed with them. 

I found out today that they are getting the police involved. I am really scared that i am going to be made a scapegoat for stock discrepancies that have nothing to do with me.

I guess my question is, should i get myself a solicitor? Will this just make things worse? I had presumed that because the company is well known they would not want this kind of publicity and it could all be sorted out internally.

I know i am not going to get much sympathy here,all I can say is my house and family was on the line and out of sheer desperation i did something that i will have to live with for the rest of my life.


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## Smashbox (14 May 2009)

*Re: help! need advice*

Oh and by the way, you will probably be asked to change the title of your thread, as its not very informative.


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## JoeB (14 May 2009)

*Re: Got myself in legal trouble with former employer*

Well the best thing to do is probably not to admit to anything.. and not to talk to the police... this is probably the best advice as you only hang yourself by admitting things... you have to be reasonble but firm, admit that you _may_ have done things that you're not proud of, that you only did them out of desperation, but that you are taking your example from the police themselves, and polititions, who themselves would avail of their right to silence to the very end... if you admit things they will likely charge you with crimes which they could never prove without your admission... I think you clearly have done the wrong thing by stealing.. but to admit things could make it worse.. you could possibly say you would be prepared to tell what happened but only after receiving a written assurance that you won't be prosecuted.. otherwise avail yourself of your right to silence.. you will lose your job and that's fair enough,.

The police and your employer will likely try to bully you into making admissions and statements, I would refuse to the end, after all it is good enough for the Guards themselves, and Bertie etc.. so why not you. You do have a right to silence so use it...

I was taught that honesty is the best policy, and I followed that faithfully for years.. but in the end I now think that it's not the best approach.. I, for example, admitted that I slept it out by mistake when I was late for work, and got disciplined,.. while people who made up lies got off scott free. I have many other examples where a niave policy of constantly telling the truth just gets you into trouble.

Other people may not agree...


PS. yes, if you intend to talk then get a solicitor first.. who will likely advise you not to talk... talking and making admissions without a solicitor is suicide in my opinion. Don't forget, there is a lot of corruption in the police, and in politics, and your employer is probably not squeky clean either.. so why should you be the only one doing the right thing? (In the end obviously, you did the worng thing in the past, talking now doesn't make that better, you can punish yourself if you want)


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## Simic (14 May 2009)

*Re: Got myself in legal trouble with former employer*

Thanks Joe

yes my wife has been telling me that i should not speak to anybody in there at all.That i could easily incriminate myself even if i say something thati think is harmless. Im just terrified cos i know they have had serious stock inaccuracies and i have a feeling they could be pinning it on me.What i took is a very very small amount in relation to the companies value and i have paid back about 75% of it which they have accepted.

im also worried about the publicity, its a small industry and i will probably never work in it again. Im worried about the shame it will bring on my parents.
I cant believe i have got myself into this mess!


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## jhegarty (15 May 2009)

*Re: Got myself in legal trouble with former employer*

Talk to a solicitor ASAP. 

This is far too important an issue to take advise off the internet.


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## NicolaM (15 May 2009)

*Re: Got myself in legal trouble with former employer*

Simic,
This will not be sorted out internally.
You need to see a solicitor urgently: This is fraud and theft, and can/will be put through the courts as such.
The best thing to do is to get professional advise immediately as to the best plan of action.
Do not speak to your employer until you have sought legal help, and then only speak to them on advise of your solicitor.

Nicola


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## Ham Slicer (15 May 2009)

*Re: Got myself in legal trouble with former employer*

Simic,

As others have said get on to a solicitor ASAP that deals in criminal law - not all do.  I can recommend someone in Dublin if that's any good to you.

PM me if interested and I'll give you a name and number.


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## Caveat (15 May 2009)

*Re: Got myself in legal trouble with former employer*



jhegarty said:


> talk to a solicitor asap.
> 
> This is far too important an issue to take advise off the internet.


 
+1


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## Setanta12 (15 May 2009)

*Re: Got myself in legal trouble with former employer*

+2

(and don't say anything until you get legal advice - even telling someone you're saying nothing following the example of politicians/bankers will not endear you to anyone)


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## Smashbox (15 May 2009)

*Re: Got myself in legal trouble with former employer*

My previous post seems to have been deleted!

Anyway get yourself a solicitor right away. The matter may start internally but the company will probably bring the police into things, and it will be a prosecution matter, with a court case (happened to someone I know).

As for publicity, I wouldnt worry about it. It probably will be brought to light as many papers pick up stuff like theft - be it from hearsay investigated to journos in court.

Make sure you tell your family first, rather than they read it in the paper.
They were a first time offender, paid back compensation, admitted guilt and got the probation act.


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## fobs (15 May 2009)

*Re: Got myself in legal trouble with former employer*

I too would agree with what the others have said.Do not admit loability until you get legal advice. You may not have been acting rationally at the time of the incident if this is out of character for you and this may be taken on board. A good solicitor used to dealing in this area would best advise you.


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## mathepac (15 May 2009)

*Re: Got myself in legal trouble with former employer*

I would encourage you to get legal representation ASAP, but I fear your solicitor faces significant challenges ...  





Simic said:


> ... Anyway the short story is i got caught and i owned up.I paid back a large amount of what i took and admitted to other incidents. ...


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## Simic (15 May 2009)

*Re: Got myself in legal trouble with former employer*

Hi

Thanks for all your advice. I dont know what I was thinking not getting a solicitor at the outset.to be honest I was kind of lulled into a false sense of security by my employer, I was told if I cooperated they would not take legal action and it would be sorted out internallly. Well i fell for it!!

Anyway I spoke to a solicitor this morning and he agrees that it was an error admitting liability but its done now and it will be a case of pleading for leniency.

Thanks again


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## Smashbox (15 May 2009)

*Re: Got myself in legal trouble with former employer*

It won't be a massive thing, that you pleaded liability. You were honest and I think that will go in your favour.


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## JoeB (15 May 2009)

*Re: Got myself in legal trouble with former employer*

I would have to dis-agree that your honesty will be rewarded, it will likely go against you in my opinion.

Make written notes now of everything you can remember.. then in the future even if you cannot remember something you can read your notes, this is important.

Yes, people will try to trick you by saying they won't prosecute.. don't believe them unless you have it in writing, signed, and approved by a solicitor..  may not need approval if it is signed by a garda in front of witnesses, but this is not going to happen.

As I say make written notes now..  if you are in court in twevel months you will likely have forgotten things.. it is vitally important that you can refer to your notes and say 'I noted this at the time, although I don't have perfect recollection now I am absolutely confident that my notes are accurate'...


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## lawdable (16 May 2009)

*Re: Got myself in legal trouble with former employer*

Absolutely talk to a solicitor if the Gardai become involved.

If this is your first offence, you did it out of desperation and you've compensated them as best you can, then you're probably not going to end up in jail, but you've got to recognise the seriousness of this situation.

There's absolutely no sense in admitting to anything further than what you've been caught for.


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