Embezzlement???

eagle1 · April 2004

We have just refused a job applicant due to a guilty plea for embezzlement on the criminal background check. The applicant just called and told me several years ago while going through a divorce they did not turn a rental car back in on time and was charged for embezzlement because of this. Has anyone ever heard of this?? This is not what I think of when I hear embezzlement.

HR in CA · April 2004

I have been late returning rental cars, and never been charged with a crime. Granted I called to inform them of the need to keep the car longer about the time I had scheduled to return the car, and never had a problem. Afterall the rental car company receives more of my money.

Since embezzlement is one of the crimes that prevents us from hiring according to our company policy and customer contracts, I would pass on this hire. What does your policy state?

Did the applicant disclose his conviction before you learned of it via the criminal background check??

Cinderella · April 2004

Sounds fishy. Embezzlement in my mind is when someone like an employee steals small amounts of money over time. I Googled it and my search pretty much confirmed that definition. It's when a person is in a position of "trust" such as an employee and steals money or property in a scheming type way. Different from theft/larceny in that they don't walk into a store and take a candybar and leave - it's more sneaky and devious. Anyhow, the whole rental car thing sounds odd because don't they just keep charging you until you bring the sucker back in? Hmmm. Anyone on the forum work in the rental biz?

Rockie · April 2004

I believe if you don't return something you rent, it's called theft and in this case might be called "grand theft auto". Anyway....this is NOT embezzlement. I'd pass on this person...can't even come up with a good story!

Don D · April 2004

There goes that 'victim mentality' again. It was totally due to the fact that I was going through a divorce that I totally forgot to turn a rental car back in and when they kicked my door in three weeks later and cuffed me, I protested that it was all my ex-wife's fault.

I agree that you should pass on this person. A conviction for embezzlement would not result from keeping a rental a day late and paying up then. The man is also a liar. But, alas, you are in Mississippi, not encumbered by a State Department of Labor and there is no law or regulation prohibiting you from exercising whatever judgement you like in your situation. Do not discuss your decision with the applicant beyond telling him "Your application has not been advanced to the finalist level."

Rob S · April 2004

Don,

I am very disappointed in your response. First your opinion is correct (as always), but you (and others) are referring to this applicant as a male. I don't this referrence in the original post. Please don't tell that you too are stereo typing all criminals as men. Say it aint so.

Rob S.

Don D · April 2004

The poster is from Mississippi. I assume the embezzler is too. The reason I know it's a male is because we don't rent cars to women in this state. Only males who are property owners.

Cinderella · April 2004

#-o

Rob S · April 2004

I'm glad you cleared that up. Makes perfect sense now.

eagle1 · April 2004

As a follow-up. I have learned indictment was for embezzlement dealing with an auto rental co and an auto. The plea was to "joyriding".

Thanks for your responces

Pork · April 2004

EAGLE1: That tells us something more, the plea was to "joyriding", guilty, when in fact I stole a car off the rental car lot for my own pleasure and got caught but rather than face a jury for auto thief I gave into a guilty plea and no time in the Parchman hotel" or daddy bought my plea with political money.

Why don't you enable your profile on the forum and we Mississippian's can help you privately from time to time.

If I am PORK where should I visualize EAGLE1 to be associated in this business world of Mississippi? Eagle Lake or Harley Davison.

PORK

Cinderella · April 2004

No passing private notes!!! x:D just kidding

Pork · April 2004

Cinderella: Do you realize we are the only one's at work this late afternoon and I'm watching the clock. I probably will be gone before you can get back. Have a nice week-end!

PORK

marc · April 2004

I inadvertently had to do some work on Friday pm instead of watching the forum so I missed the opportunity earlier to tell you that you are not alone.

Cinderella · May 2004

Aw, Marc you missed the group hug at the end of the day!

Don D · May 2004

Just as a side note, Pork. You do know that in your state's capitol city, where we rank no. 5 in the nation in automobile theft, most of the convictions are for 'joyriding'. I can steal a car out of your driveway, cruise around and pick up 6 of my friends, rob a bank and tear the hell out of your car. I might be convicted of joyriding. The bank tellers can't identify the robbers. And I'm back on the street next week with a full belly. x:-) Just kidding about renting cars only to men who are property owners. They do not, in fact, have to be property owners.

eagle1 · May 2004

Profile is not disabled

Pork · May 2004

Check with James your profile will not reveal. thanks, PORK

Brad Forrister · May 2004

This may not be as wacky as it sounds.

Rental car companies do swear out warrants for people who don't return cars on time.

Normally, you think of embezzlement as theft from an employer, usually involving someone who is entrusted with money or goods. But in some states -- and I think Mississippi is one of them -- it's broad enough to include fraudulent appropriation of anything entrusted to someone under a promise to deliver it back to its owner in the future. Failure to return a car on time could fit that definition. And even if it's not the statute usually used for such a situation, it could still happen in a plea bargain.

Not sure how the divorce figures into this. But we had a case here in Tennessee where a former Tennessee Titan was arrested in possession of a "stolen car" that turned out to be his ex-girlfriend's lease car on which she had stopped making payments.

It may be simpler just to avoid this mess by refusing the job applicant. But if you want to delve into it further, the applicant probably has some paperwork that could substantiate or disprove his/her claims.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

Don D · May 2004

What? A Tennessee Titan is not making the lease payments on his squeeze's Lexus? What's this world coming to?

eagle1 · May 2004

Application was rejected when the background check came in. I had just never heard of this being embezzlement.

Thanks for all the responses

Cinderella · May 2004

Wait a second. They have CARS in Tennessee?

x;) I'll be here all week. Please tip your waitress.

NM _Tom · May 2004

Yes they do, they just cant spell "car".

LeeR · May 2004

every jurisdiction I have worked in embezzlement was used to charge an employee with theft through some type of working relationship, late returns on rental cars were charged as auto theft or grand larceny auto and the companies always dropped the charges upon return of the vehicle and payment of the rental fees. At any rate you can call the arresting agency and get the particulars of the case if you feel you need to.

Embezzlement???

Comments