Employment Law

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I am a personal banker I opened a deposit account without…

Customer Question
I am a personal...

I am a personal banker I opened a deposit account without the customer present, I deposit my own funds on the account and brought the signature card to t customer's home to sign and to get reimbursed for the deposit

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is it a fireable offense, will it cause substantial loss or damage to the bank and commingling my funds with the customer an ethical issue?

Submitted: 6 months ago.Category: Employment Law
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12/24/2017
Employment Lawyer: Roger, Lawyer replied 6 months ago
Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Did the Bank and your customer know what you were doing? If so, did both approve?
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Customer reply replied 6 months ago
Only me and the customer knows about it. The bank did not know about it until I told them after the fact.
Customer reply replied 6 months ago
When I did it I did not consult with anyone at the bank. I came clean a week later because I felt somehow I did something unethical.
Employment Lawyer: Roger, Lawyer replied 6 months ago
If you were acting on behalf of the customer, and the customer knew full well what you were doing, it likely isn’t a big deal or something that would be viewed as fraudulent or underhanded since the customer knew.The only issue would be if your bank has a policy against you doing this. In that case, there could be penalties
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Customer reply replied 6 months ago
The bank has policy about opening accounts only when the customer is present. But my manager allowed me in the past to open an account without the customer being present. This one does not have his blessing because he is not at the branch that day. The commingling of funds is maybe unethical but the bank rules is not very specific on this
Employment Lawyer: Roger, Lawyer replied 6 months ago
Opening an account in a customers name without his/her knowledge would obviously be wrong, forging a signature card would also be an issue. But, those don’t apply here.
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Employment Lawyer: Roger, Lawyer replied 6 months ago
If your employer has allowed this previously, then you could defend your actions based on prior procedure.
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Customer reply replied 6 months ago
Can I be fired for this? My manager said that the fact that I used my money to deposit to the account is unethical. Is this true?
Employment Lawyer: Roger, Lawyer replied 6 months ago
Also, as long as you didn’t use bs k funds to open the account, there doesn’t seem to be a big issue. You can likely personally loan money to your friend, who is also a customer,without any issues arising.
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Employment Lawyer: Roger, Lawyer replied 6 months ago
bank
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Employment Lawyer: Roger, Lawyer replied 6 months ago
However, whether you can or cannot do this will depend on Bank policy and regulations.
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Customer reply replied 6 months ago
Am i getting charge separately for each answer I got from you?
Employment Lawyer: Roger, Lawyer replied 6 months ago
Each session has a fee....not each question.As for whether you can be terminated, in an at will employment situation, you can be fired for any reason or for no reason at all SO LONG AS it is not discriminatory.
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Employment Lawyer: Roger, Lawyer replied 6 months ago
termination could come with or without this incident occurring.
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Employment Lawyer: Roger, Lawyer replied 6 months ago
It usually isn’t a good idea to get involved with a customer’s transaction, but it does happen often......and most banks allow it if the bank admin. and customer have full knowledge of the transaction.Your issue here is not getting permission before doing it. However, if there is no harm to any parties involved, it doesn’t appear to be a serious issue.
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Customer reply replied 6 months ago
I was planning to resign before I got fired. Is this a sensible thing to do?
Customer reply replied 6 months ago
HR is currently deliberating and investigating the matter. There is no decision yet but The waiting on their recommendation is tormenting.
Employment Lawyer: Roger, Lawyer replied 6 months ago
I understand that, but you should receive credit for your honesty. Also, if you have had issues like this before, and you’ve been allowed to handle the situation as you did this time, you should be in a decent position.
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