Q: Next move?
Left an employer and a few days after received texts from the shop foreman claiming I stole two injectors. I asked what proof they had of this and did not get a valid response. A month went by and received a threating letter certified mail on company letterhead stating I have ten days to pay$1043 to them for they will report me to the district attorney and have me arrested. Still not providing any indication of proof showing I commited what I am accused of. they claim I did not complete the job and kept the parts. what am I to do at this point? I am the only source of income for my family.
A:
Assuming that all the claims made by your former employer are false, you have little to worry about.
First, a certified letter is nothing special (any one can mail you a certified letter with restricted service); the certified status has no legal impact beyond showing that you received the letter. Turning to the claims, handing material directly to the DA would be interesting because the DA does not investigate crimes (the police investigate crimes). The rare occurrence where the police investigation is bypassed occur when significant private civil ligation has occurred and the litigation has produced sufficient evidence of a crime (note: suspicion is not evidence).
Worst case situation, the police investigate (which should consist of asking you questions); assuming you deny the claims of the employer, the police should close the case unless additional evidence (if any exists) can be produced. I want to emphasize that the investigation is only a possibility, and the employer will have to produce a reasonable amount of evidence before the police start an investigation.
The employer can possibly sue, but court cases require evidence (again, suspicion is NOT evidence). In the unlikely event a suit is filed, it will be in small claims court (a lawyer is not required).
Finally, the best action with the employer is silence. Contact an attorney if the situation escalates or a police investigation begins (again, based on your facts this is very unlikely). Based on the employer's conduct, I would assume that they have no evidence of this "theft" and are hoping an official sounding letter scare you into paying.
Note, this assessment may change if evidence is produced to prove the employer's claims.
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