Location: manhattan
I am an owner of a restaurant in nyc and as i was preparing to sell this restaurant next month, i caught one of my employees thats been stealing cash from me over the year. I have security camera footage and copy of his passport, but idk where he lives (i only know its in NJ). I told him i have security camera footage and evidences and told him to bring me back all the money hes stolen. And i told him that if he doesnt, ill get the police involved. I hope not to get that far and hope to get this solved more quietly and just between him and me, but id like to know what to expect if it doesnt go well.
Here is the situation:
This employee is an international student and doesnt have SSN. He is not allowed to work in the US. Therefore, ive been paying him under the table all in cash and there is no evidence that proves hes ever worked here other than other employees or customers to prove (verbally) and the security footage. I threatened him saying that if he doesnt return all my cash, ill report him and he will be deported cuz he worked here illegally. I think he stole about $10,000 from me (cant tell the exact amount, i can only guess) and he already returned $5,000 back (in cash, so theres no evidence that he returned $4,000 either) but he seems like hed rather go back to his own country than returning other $5,000.
How likely is it that he will be arrested if i report this to local police (nyc) with camera footage? Will he be arrested right away in NJ with information given? (His passport, can police find out where he lives and what school he goes to?) if not, what other procedures should i expect? How likely is it going to backfire me cuz i hired someone under the table and gave cash for a year? What should i expect from this situation from legal-point-of-view?
Can anybody help and give advice? Thank you
Comments
You will be reporting on yourself as well as him. If you received half the money back already that’s best case scenario and I would leave it at that. Otherwise you may end up having your business investigated as well as paying tax and penalties on the entirety of the income accrued.
You can’t do that exactly. You can’t say “give me money or I’ll call the police.” That’s extortion, and it’s illegal. “Give me cash or I’ll have you deported.” You can say, “give me the money you stole or I’ll sue you.” You can say “give me the money” and, separately, report him.
> How likely is it that he will be arrested if i report this to local police (nyc) with camera footage? Will he be arrested right away in NJ with information given?
There’s no way to predict that.
> How likely is it going to backfire me cuz i hired someone under the table and gave cash for a year?
That could be very expensive for you. You might want to (a) stop doing that with everyone, and (b) let this slide. He was committing theft-theft. You were committing wage theft and tax fraud.