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I have been falsely accused of theft by a client of mine - I…

Hi, I have been...

Hi, I have been falsely accused of theft by a client of mine - I have proof on whats up that architect instructed me to remove shutters & burglar bars (as well as a site meeting between client, architect, project manager and myself) whereby it was instructed to me to remove it and donate to charity

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

South AFrica

Lawyer's Assistant: Has anything been filed or reported?

Not that I know of - but i received an email threatening me that he will go to police & attorneys etc even though I told him & showed him the proof that I had been instructed to removed it. When I brought it up to the client in a site meeting (which i was voice recording) - he says "he will get his shutters back from me one way or another" another threat?

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

Not that i know of

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Customer reply replied 6 months ago
In the site meeting where I told him there were witnesses who heard what he said when he said "remove it" - he said "I dont care what they say i said - I didnt say that" So he blatantly denies saying that in the presence of witnesses (whos on his payroll) and even after i showed him the screenshots of the whats up messaging instructing me to do so (via his architect who was incharge basically) - he still denies it and tells me the "architect was drunk when he sent it" (on different days by the way)
Answered in 14 hours by:
2/13/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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OK, well, the architect instructed you to remove the items, and if the architect acted as the agent for the client, then you are in the clear.

You received instructions from the client and his agent (the architect) and therefore your actions cannot constitute theft.

If you reasonably believed that the instruction from the architect was from the client, then you did nothing wrong.

From what you are saying, it seems clear that the client also told you this in person during the site meeting. So, you have no reason to believe or suspect that the architect was not acting with the permission or on the instruction of the client.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 6 months ago
Thanks Freddy, what do I do about this though because he is threatening me to go to police station or I must pay for new shutters for his house which I can't afford. Please advise what my next step should be as I am worried about these threats

There is nothing you can do. If he goes to the police then they will ask you what happened, and then you provide them with your statement explaining what happened, and you give them the proof of your instructions to remove the items.

I would suggest that you do so with the assistance of an attorney to help you draft the statement.

The police will then investigate the matter and the prosecutor will decide whether to prosecute you or not.

If your story is true, and if you have the necessary instructions to have removed the items then there is no prosecutable charge against you and the prosecutor will most likely refuse to prosecute (nolle prosequi).

Please remember to rate the answer positively.

Regards

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Customer reply replied 6 months ago
Okay thanks, ***** ***** have the proof so I don't need to worry about that. I think he is just trying to bully me because I'm a woman. should I need an attorney which one do I look for there are so many? Our company did work for him (without a signed contract) but he agreed to all the figures which included some discounts we gave him. Now he is also demanding that we give him our suppliers invoices to us. Which I refused to do as it has nothing to do with him. But he is trying to avoid the final payment of the contract in my opinion so looking for reasons not to pay us. Imo he wants the extra discount which we as contractors get over nd above the discount we already have him. Surely I am not legally obligated to divulge our private company information or discounts we received from our suppliers? As he agreed on price in the beginning.

You are entirely correct. The profit/mark-up which you put on material you provide has nothing to do with him. If you quoted an amount which he accepted, then that is the price he must pay you. It is completely irrelevant what you paid your supplier.

Please do not forget to leave a positive rating.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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