I own a commercial cleaning business and the guy was caught on tape stealing $900 worth of gift cards from the building he was hired to clean. I owe him about $750 for cleaning, but I had to pay out of pocket about $1,000 to the client to replace the stolen items. He is threating to take me to court for the money I owe him, but I don't believe I should have to pay him if he was caught red handed stealing more than what he is owed!
2007-04-18 04:26:12 · 15 answers · asked by Anonymous in Business & Finance ➔ Small Business
I have the employee on tape.
2007-04-18 04:44:50 · update #1
Is he out of his mind!?!.... Are YOU out of your mind entertaining the idea of paying him!?!?!
You have the tape; the proof that he was stealing!! File a police report and press charges on him! How dare him threaten you with court action when he is a thief!
2007-04-18 04:30:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you can prove that he stole the merchandise, then no you do not have to pay him. But if you caught him stealing those gift cards "red-handed," then wouldn't you have been able to get the gift cards back from him, so that you wouldn't have had a business loss?
My suggestion is to demand him to turn in the stolen merchandise. Once he does and you are reimbursed, then pay him the $750 since that was the agreement you had. However, just keep in mind the fact that he is now ineligible for rehire ever again. With this approach, then there will be no civil court lawsuits/suing, you don't lose money from the business, but you gain a lesson on who you shouldn't hire and/or trust again. However, even if you get reimbursed for the stolen merchandise by the thief, you should STILL be able to press possible criminal charges...at which point you should have already contacted the police department at the time that this happened!
2007-04-18 04:37:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Technically he was working for you at the time so you should pay him. Granted it's only $750. Then file a police report. The company he stole from and yourself can press charges and hopefully the judge will order this individual pay you back the restitution he owes. Labor laws can and sometimes tend to favor the employee and in not paying him, might create a separate issue for you. Now, technically this guy is probably a dead-beat and has no money or resources to sue you. It's really up to you how you want to judge that level of risk but if it were me, I would lean towards lowering my risks.
2007-04-18 04:35:09 · answer #3 · answered by J - A 3 · 0⤊ 0⤋
Although you run a big risk in not paying him what you owe him (and legally you do owe him), I wouldn't pay him either. But you can't just sit on your butt and do nothing. I would:
File a police report.
Admit that you owe him the money, deduct it from what he owes you, and send him a letter stating so, with a demand for the $250.00 difference, due in a week. After he doesn't pay you, YOU file a small claims suit against HIM.
The more you do to settle the issue your way out of court, the more the judge will lean your way in court.
2007-04-18 09:07:43 · answer #4 · answered by Micah A R 2 · 0⤊ 0⤋
First of all, look at the contract you had with this individual.
2nd of all, why did you pay the client in the first place.
3rd, why didn't the client/or you have the individual arrested.
Finally, you need to do a better job screening your contractors.
bottom line, The theft and what you owe him are 2 separately and exclusively different issues. What has to happen is he needs to be arrested charged and convicted of the crime and have restitution for the stolen property part of his sentencing. if not you will have to take him to court to get your money back. Regardless how this plays out, you are still legally obligated to pay him for his services.
2007-04-18 04:41:55 · answer #5 · answered by AJ 7 · 0⤊ 0⤋
File civil charges and do it before he does.
Sue him for your losses plus court costs. If he is smart he will counter sue for the lost wages in which case if both of you prove your case he will be ordered to pay you $1000 restitution, and you will be ordered to pay him $750 for services, take away what you own him and you still get $250 of your money back.
I suggest this over criminal charges because yes he can be charged with a felony, but that will most always get reduced to a little bit of nothing, and he will most likely not spend a day in jail. He may be ordered restitution to you for the $1000 you lost but odds are he will not pay and you will still be out and will have gained nothing. With a civil finding you can go as far as to garnish future wages.
2007-04-18 06:52:19 · answer #6 · answered by DrEaMeR 2 · 0⤊ 0⤋
Sorry, but if he is a legal employee, then yes you have to pay him.
If he is a self-employed person that you hired as a subcontractor, then NO, don't pay him, make him file a small claims case.
However--Big one here, if he is not really a subcontractor and you have been paying him under the table to avoid taxes and insurance costs, beware!!!! He can go to the IRS and the US Labor Board and make your life miserable!!!!
Nothing like a team of suits from the government knocking down your door and seizing records to put you in a good mood.
2007-04-18 04:45:25 · answer #7 · answered by lkclean 4 · 0⤊ 0⤋
in case you're gathering unemployment reward from previous employment, and by using a week you had a activity for an afternoon as an self sufficient contractor, document that day's artwork and pay once you document your weekly declare for unemployment. finding on the quantity of pay for that day,your reward could or could not be decreased for that week.
2016-10-22 12:32:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would not pay him a penny. if he takes you to court counter sue him for the 1000 you had to pay the client for the stolen goods.
2007-04-18 04:30:04 · answer #9 · answered by Just my Luck 3 · 0⤊ 0⤋
I don't think you should pay eigher let him take you to court maybe you'll end up getting more money out of him for making you loose working time
2007-04-18 04:30:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋