Is it legal to charge for compensation instead of reporting a crime against my company? Suppose that it came to my attention someone had stolen from my company, or committed some other crime that only hurts my company. Is it legal for me to send a letter asking for compensation in return of not suing nor pressing charges?
Is it legal for me to send a letter asking for compensation in return of not suing nor pressing charges? Yes, provided that by compensation you mean the equivalent (or close thereto) of what he stole. Your mention that the letter is on behalf of the company is crucial. Although definitions of extortion make reference to &quot;[acting] under color of office&quot;, U.S. v. Harris, 916 F.3d 948, 955-956 (2019) notes that states as well as Congress adopted an extended definition so as to include [extortion by] private individuals. One incurs extortion also when seeking to obtain more than is due. See, for instance Black's Law Dictionary (4th edition) just prior to the entry for &quot;Extortion&quot;. Thus, a surcharge on administrative grounds would be reasonable, but the company ought to ensure that the surcharge does not land it in the &quot;more than is due&quot; zone. The same applies in the event that stealing the property caused provable losses. See also conversion.
No, this is not an acknowledgement of guilt or liability. It offers a &quot;discount&quot; some sort of reduction in price. This could be an offer of settlement without admission of liability, or even just advertising for repeat business (unlikely as that may seem). Without the rest of the communication, there is no way to tell. Unless there are specific admissions, this statement alone is not likely to have much significance in such a case. Edit: There is still not enough context to tell exactly what the sender of this communication wanted to accomplish with the offer of the discount, but since the OP now says &quot;the party does not take the responsibility&quot; this is not an admission of guilt, whatever else it is. It sounds like some sort of backdoor form of settlement offer without admission, but that is far from clear to me. My original answer is not significantly hanged here.
When a platform has the right to kick you out as they deem fit, without any evidence why they did it, does that change if you have a paid? It depends on the purpose of payment and the terms &amp; conditions it triggers. Your description reflects that payment entitles the user to have no ads &quot;and stuff&quot; (?). Payment does not necessarily entitle the user to continued access, diligence from customer service, or other features. Without fully knowing the platform's terms &amp; conditions regarding payment it is impossible to identify what obligations (other than not displaying advertisements) your payment creates on the platform. The information you provide here is insufficient for assessing whether you have a viable claim such as fraud or breach of contract. On the other hand, the platform's apparent arbitrariness and lack of response might support a finding of unfair or deceptive practices if the platform does not honor or proportionally reimburse your payment. Many jurisdictions have legislation prohibiting practices which are unfair, deceptive, or unconscionable (example: MCL 445.903). Oftentimes statutory law establishes an agency in charge of addressing customers' complaints.
could they make a realistic claim that I had voluntarily terminated my contract before the year was over? The employer's act would forfeit its entitlement to reimbursement of bonus. The clause clearly indicates that the triggering event is termination, not the anticipatory notification thereof. Furthermore, the employer's act would be a breach of the [contract law] covenant of good faith and fair dealing. That would be in stark contrast with your compliance with, and/or kindness in, giving a two-week notice. The employer's termination of your employment seems improper in equity insofar as it was aware of your notice and thus took advantage thereof.
Is there any type of California labor law that would allow for him to ask for compensation for lost wages? Your family member might have a claim of [intentional?] misrepresentation. Simply put, it is unjustifiable for a well-known transportation company to misrepresent for too long the requirements its drivers must satisfy. Assessment of other legal theories such as breach of contract or promissory estoppel requires a detailed knowledge of the interactions and terms between the parties. Freeman &amp; Mills, Inc. v. Belcher Oil Co., 11 Cal.4th 85, 107 (1995) points out that &quot;courts will generally enforce the breach of a contractual promise through contract law, except when the actions that constitute the breach violate a social policy that merits the imposition of tort remedies&quot;. Misleading and belatedly avoiding a hiree who relied on the company's conduct contravenes public policy because of the ensuing disruptions and uncertainty the company could and should have avoided. Accordingly, see Robinson Helicopter Co., Inc. .v Dana Corp., 22 Call Rptr. 352, 361 (2004) (&quot;[A] plaintiff advances the public interest in punishing intentional misrepresentations and in deterring such misrepresentations in the future.&quot;). Generally speaking, the doctrine known as economic loss rule bars claims of negligent misrepresentation involving no property damage or personal injury. That is in order to preempt a party from sidestepping contract law. However, the extent of the company's conduct as you describe it might forfeit the protections embodied in the doctrine of at-will employment.
Given a large database of email addresses that you can't prove have given consent to receive email, the only legal thing to do with it, is to (securely) delete it. (I am going to switch your question about a larger company to a bank: in the UK, big pharma is forbidden from advertising to individuals.) In principle the rules are the same for a huge bank and everything down to a self-employed plumber. In practice the plumber will be told "don't do that again" rather than fined. This case was treated under the Data Protection Act, which has a maximum fine of £500,000&nbsp;&ndash; so a big bank would probably have been fined more, but not necessarily much more. Under GDPR, fines are related to turnover, so the fine would be a lot bigger for a large bank. The incident is a year old now. Details here.
What crimes have been committed? The initial assault (hit) or theft (stole) by A. Bribery by A and the detective. Which parties are at fault or liable? See above. How could Party A sue faulty party or parties for described actions. Party A, as the perpetrator, can't sue anyone. Party B can sue party A for the assault or the theft as applicable. They have no cause of action on the bribery. The state can prosecute A for assault or theft and bribery. The state can prosecute the detective for bribery.
In theory its only a crime if you know, or reasonably suspect, that it is stolen. The fact that you have to ask means that you have some level of suspicion, so that's not good to start with. In practice merely being investgated by the police will bring you a world of hurt long before it gets to trial. How much can you afford to spend on legal fees, and will you be able to make bail?