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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23052
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I left my job back in November to start my own company in a

Customer Question

Customer: Hi there, I left my job back in November to start my own company in a small community. My old boss found an invoice in which i did a private job and is claiming that I stole the money from it.
JA: Thanks. Can you give me any more details about your issue?
Customer: I did a private job back in october 2015. As we were fully booked at the time i told the customer that i could come in my own time and do an install for her. She agreed and paid me by chq and left it blank for me to cash. I used a work invoice book to work out how much it would cost. my old boss found this took it to the police and now im heading to court in 2 weeks. My old boss is now telling people and suppliers that i stole from her and im not to be trusted.
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Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

You are in a difficult position because you cannot take private jobs while employed, unless you have consent of the employer. This is treated as a breach of the duty of good faith. I would suggest you offer to pay the money earned on the job to them. You will need to get a lawyer but this doesn't appear to be criminal but a civil claim. If they sued as a civil claim they may get a judgment. But you need to get the full picture to your lawyer to get advice on that.