Hi legal minds! My first time to post. I am trying to recover some fraudulent credit charges by an employee in small claims. He was given a CC to charge for fuel and travel expenses, but he was using it for personal charges such as liquor, cigarettes, gasoline, itunes, etc. (amout of charges=$2375.00) I have written a demand for payment letter, but don't expect much. (I was receiving collection calls for him and also had a wage garnish) I have the paperwork together to prove my case (I think) and was filling out the complaint/claim and summons form when I couldn't decide. Do I sue him only for fraud or do I need to list/sue each store who accepted the card without proper ID? I really appreciate any help you can provide to help me put this together. Thank you!!
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employee theft
- Thread Starter oakley101
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mightymoose
Moderator
You need to sue him, not the store. Small claims is sufficient.
He had permission to use the card, so fraud isn't really the issue. You want to sue him to recover the cost of the unauthorized purchases.
If he doesn't respond to the demand, and he won't, take your evidence to a judge. You will most likely get a judgment (not necessarily the amount you ask for) and can see if you can get an order to garnish wages.
In the future, you might be better off to have employees bring you receipts for reimbursement of their actual costs, or provide them with a small amount that you estimate to cover the cost. They can provide you receipts and return the unused portion or you can reimburse them for anything over the initial amount.
He had permission to use the card, so fraud isn't really the issue. You want to sue him to recover the cost of the unauthorized purchases.
If he doesn't respond to the demand, and he won't, take your evidence to a judge. You will most likely get a judgment (not necessarily the amount you ask for) and can see if you can get an order to garnish wages.
In the future, you might be better off to have employees bring you receipts for reimbursement of their actual costs, or provide them with a small amount that you estimate to cover the cost. They can provide you receipts and return the unused portion or you can reimburse them for anything over the initial amount.
mightymoose
Moderator
Just curious... has he admitted to making the purchases? If he denies making the purchases THEN you can get police involved. The employee might make some silly statements that will amount to theft/fraud.
As you presented it, you have a civil issue for small claims.
As you presented it, you have a civil issue for small claims.
Actually, I had been in touch with one of the stores and when he come in to use the card that evening the storekeep called me and said "he is here". Described him perfectly. So when the employee arrived for his paycheck, I confronted him. He admitted to the charges, but said, "oops, I must have mixed my card with yours! Let me go home and check my statements. " (what would that show?) I offered to show him my statements of his charges, but he declined. Anyway, I said fine, let's make arrangements to repay and I haven't heard from him since. (ps, thanks for the replies!)
guess, I should clarify, that I had cancelled the first card thinking it might have been stolen. I had asked everyone about the heaviest used store and all claimed they had not heard of it (including the suspect) So issued new cards to my drivers and the unauthorized charges showed up on this guys new card. So had storeclerk watch for him.
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