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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My employee use my debit card fradulently and i came to know

Customer Question

my employee use my debit card fradulently and i came to know after 2 years.
From bank statement i called to charging company and they advise us as it is more than 6 months we can not reimburse the money. Then I cantacted my bank and bank after 10 days deposited money in my account but bank could not get the money from charging company.
last month i fired my employee without paying his salary and he claimed in court his salary.
Can I add the amount in claim what my formar employee used in company debit card?
hearing date is this Friday.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If the hearing is before an administrative board/judge, then all they care about is the non-payment of salary. While one can argue to set the salary off by the amount stolen, the administrative panel/Judge may take this into account at their discretion. The thing is that this would simply not be the right venue to "countersue" the ex employee if it is an administrative hearing for salary.

However, one can and may want to file a civil suit against the individual for the theft, in judicial Court. This would be a civil suit, and it can also request punitive damages as well as attorney/legal fees. This would be separate from the administrative hearing.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
Can I add the amount in claim what my formar employee used in company debit card?
Expert:  Ely replied 1 year ago.

While one can, likely, not be the right venue to pursue this as this administrative hearing would only be for salary.

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