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A health care worker who took care of my parents and stole

 

Customer Question

A health care worker who took care of my parents and stole 9,000.00. the company we hired said she is bonded. should that company or bond company pay us back?

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
talking company- and at first said they would pay the money back - but now they say we have to prosecute first

Submitted: 387 days and 12 hours ago.
Category: Legal
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  LawTalk replied 387 days and 12 hours ago.

Good morning,

I'm sorry to hear of the situation.

While a bond company will indeed pay the losses of an insured for theft, that theft must first be proven. This can happen in one of a couple of ways.

When you filed the theft report with the police, and when she is convicted of the theft, the bond company will pay you back. Or, in the alternative your parents may file a civil suit against the former employee for theft and get a judgment against the employee for the loss---and again the bond company will then pay the loss.

The bond company is simply taking the position (presumably, along with the employee) that the employee did not steal the property and demanding that you prove that she did. This is legally allowed, I'm afraid.

I hope you found my answer informative, even if the law is not in your favor, and that you will click on the GREEN ACCEPT and/or the HAPPY SMILEY FACE button above for my answer. Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures. Your question will not close, and you will still have the opportunity to follow-up if needed.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not respond directly to the issue you thought you were asking about, please reply with the specific question you wanted answered.

Thank you.

Doug

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 7314
Answered: 4/21/2012

Experience: I am a practicing attorney with more than 27 years of experience in the legal field.

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