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I had an employee that was depositing checks and used out on…

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I had an employee that...
I had an employee that was depositing checks and used white out on a check in order to deposit it into the business account. The check was reversed but wondering what the implications are at this time if the issuer or other party pursues our company.
Submitted: 3 months ago.Category: Criminal Law
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Answered in 1 minute by:
3/12/2018
Criminal Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 13,392
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Criminal Lawyer: legalgems, Lawyer replied 3 months ago

Was white out used to change the amount of the deposit?

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Customer reply replied 3 months ago
I believe that is what they used.
The homeowner is now stating that they will be contacting sec of state and also will not pay us.
The original check that was deposited was reversed and our company is now out the entire contract at this time
Criminal Lawyer: legalgems, Lawyer replied 3 months ago

Criminal charges may be brought against the employee for check fraud;

an employer may be civilly liable to a customer for the tortious acts of an employee if the employee committed the act within the course of carrying out their duties (this is vicarious liability and is called respondeat superior).

But generally that liability is only for the consumer's actual damages- that would not generally result in a "windfall" to the consumer- ie complete voiding of money otherwise validly owing. Rather it would normally only result in a deduction for an amount owing for stop payment fees, for example.

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Customer reply replied 3 months ago
what should I tell the employee?
am I able to contact the customer?
There is also a police report as she was threatening my workers with a gun and machete and tried to run one of them down with a car. She has some mental issues.
Criminal Lawyer: legalgems, Lawyer replied 3 months ago

Normally if the employer is aware of criminal conduct they will discipline the employee pursuant to the employer's policies and report the crime to the police.

If there are ongoing issues and the employee poses a threat to employees/customers that is a basis for termination as most employer/employee relationships are at will so cause is not required but that would satisfy even most contractual relationships requiring for cause termination.

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Customer reply replied 3 months ago
it was actually the homeowner that was threatening with a gun and the police were called out on multiple occasions while we completed the work on her house.
Criminal Lawyer: legalgems, Lawyer replied 3 months ago

If a customer threatens an employee that can be the basis for voiding of contract since every contract has an implied covenant of good faith and fair dealing. The employee may also seek a restraining order against the homeowner.

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Criminal Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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