Need some legal advice (business)

[turbosam6]

Long story, but I had a secretary/ book keeper that I just fired for screwing up too much stuff, and lying about it, but anyway she screwed it up worse than I thought. She ended up costing me at least a few grand, probably more. Hard to put a value on the work I missed because she would not return calls. So its probably upwards of $8,000. Is there any legal recourse here? Even if I can't get any money out of her, I would still enjoy making her life hell. I can prove some of the monitary loss, some I can't. I can prove she lied about stuff too. God I wish she was a man, I'd love to just beat the life out of her. What a stupid b!tch. The messed up part is I don't see the motivation for her actions. All it did was get her fired, she didn't get any money or anything. Its like she wanted to mess up my business, but for the life of me, I can't see why. She and I never really had any differences. We got along. Until the last couple days. Hope she gets hit by a truck.

 

[86brick]

I doubt it (I know somebody that went through the same crap), but depending on the state laws you may be able to take her to small claims court....... I would talk to an attorney! Some people aren't worth the space they take up in this world!!!

Good luck.......

 

[TRBON8R]

Sam, I'm not a lawyer but I doubt there is much you can do here. She was your employee and apparently was incompentent. I'm afraid a judge would likely say that it was your decision to hire her. I know it sucks, and it seems unfair that this broad cost you money but I'd be surprised if you have any recourse.

I went through hell with a former employee myself. He was buying materials, charging them to my account and then doing jobs on the side. I eventually got sick of it and canned him.

 

[GoGo84]

Even if you could prove in monetary terms how much money she cost you, which you can't enfortunately because work that you "could have had" or "did not get" is all speculation. Small claims court won't work either since you can't prove that she actually cost you money, plus the judge could call your integrity into question since you are the one that hired her. Basically, they would say that it is your fault for hiring her. This is all based on the information I gave to my corporate attorney.

Whit

 

[2quiktocare]

If you can prove her costly actions were intentional, you can go after her possibly criminally, but it is hard to prove. If she screwed up and it was part of her normal make up to do things that wrong, then you have no recourse.

 

[azgn]

your employee, your responsibilty to supervise her....maybe you should sue yourself!

 

[86brick]

Originally posted by azgn
your employee, your responsibilty to supervise her....maybe you should sue yourself!

 

[gn85girl]

Duty of care

Well, there might be a way to sue her for damages in tort depending on her qualifications and the degree of negligence (and the State's law). The principle is called "duty of care". Just like if an accountant messes up, he can be liable for damages so can any other professional. Of course, you can't expect any person on the street to have the same care but a professional is expected to perfom his/her duty not to the best ability but to a degree that can be expected from a person in his or her positon and education. If she had good qualifications, she can be liable. If you selected her wisely, you might have a chance.

Leaves the question, if it is worth it. Probably not! She probably doesn't have the sufficient assets to pay the amount you lost and you might end up paying more for lawyer's fees.

 

[tjthorson]

Be careful with this. YOU have the business. She has nothing. She can make your life MUCH worse then you can make hers. Do NOT sue. Move on, and be more careful about hiring from now on, or at least check up on them during the weekends until you trust them.

Also be careful if she dares to use you as a job reference (had this happen to me) - you cannot say ANYTHING negative. You cannot even talk about what she did to you or your business or why she was fired.

All you can say is that you "would NOT hire her again"

Thats usually enough for prospective employers to get the hint.

Be sure you have good documentation if she goes for unemployment.

 

[Twins]

I agree with Todd, as sad as it is the best bet is to move on. If she's that worthless then there is probably very little to loose for her if things get ugly.

Be VERY careful of what you say if another employer calls for a reference. That can get nasty real quick. A friend of mine who is also optician fired an O.D. who had the money to hire and attorney and do the "get even" thing for a bad referal. It ended up costing her thousands in legal fees and almost her pratice.

If you have documentation that she costs you buiness money you have a small chance of fighting her unemployment, but the laws are all geared for the employees. Just another kick to the groin of the average small business owner.

Good Luck, and AZGN get real .

 

[azgn]

I guess a little sarcasim goes right over some people's heads?!

If you can prove something like larceny, go for it....if just incompetence, nothing you can do

and, as mentioned, be very careful what you say to perspective employers of this rat or she'll be suing you!

 

[TS6]

Me here, turbosam6, just at work. I know its my responsibility to monitor employees actions, but it gets hard to do. I needed someone I could trust in here doing my book keping and secretarial work. Believe, me it won't happen again. I'm doing it myself now. I've billed out over a grand today that was very old, she just never did it. Didn't even run the credit cards! I know not to say anything to a prospective employer, but I do know how to get the point accross not to hire her. Been there before. I know the only smart thing to do now is to cut my losses and move on. I'm still trying to get some of my paperwork back, that I know she has, but can't prove. Might have the sheriff pay her a visit to get my stuff. The funniest part is, the reason she's avoiding me is because she is scared of me. I guess she doesn't like confrontation. Oh, and she won't be filing unemployment either, she quit about 2 seconds before I fired her. Not like she would have got it anyway. This is just coming at a bad time, cuz works about to get real slow, like it does every year. I need more income to help fix her fu(k ups. What comes around goes around, she'll get hers. I sure wish she was a man though, I don't hit women. It may sound juvenile, but I'd sleep better with my fist throbbing from pounding her head in.

 

[Chad Oliver]

If you carry a commercial insurance plisy you might want to check and see if you have employee dishonesty coverage.

 

[BlownZ]

Originally posted by azgn
I guess a little sarcasm goes right over some people's heads?!

Their cars are probably slow too.

 

[turbosam6]

Well, heres an update. I found out today she has stolen over $30,000 from me! Its probably more, still doing the research. She even had the balls to write a check for her truck! $8,000! Did she think she wasn't going to get caught? The states attorneys office is on it now, its a felony. I'm suing her for everything she has. She just put all her parents land in her name, they went bankrupt and didn't want to have to sell off their stuff, so they put it in her name. Nice move retards. After all this is over, and I have my money and she's in jail, I'm still going to fu(k her life up till I feel better. I'm still numb, can't believe this happened to me. Ripped off by a 100 lb. woman. She took cash out of the bank, wrote bad checks, payed her personal expenses, all on my dime! What a stupid bitch. I want to be there when they bust her. She destroyed all my records so I wouldn't find out. Too bad for her the bank keeps copies. Shes got some balls, I'll give her that. Or she's really stupid. Either way prison won't be kind to her.

 

[86brick]

Originally posted by turbosam6
Well, heres an update. I found out today she has stolen over $30,000 from me! Its probably more, still doing the research. She even had the balls to write a check for her truck! $8,000! Did she think she wasn't going to get caught? The states attorneys office is on it now, its a felony. I'm suing her for everything she has. She just put all her parents land in her name, they went bankrupt and didn't want to have to sell off their stuff, so they put it in her name. Nice move retards. After all this is over, and I have my money and she's in jail, I'm still going to fu(k her life up till I feel better. I'm still numb, can't believe this happened to me. Ripped off by a 100 lb. woman. She took cash out of the bank, wrote bad checks, payed her personal expenses, all on my dime! What a stupid bitch. I want to be there when they bust her. She destroyed all my records so I wouldn't find out. Too bad for her the bank keeps copies. Shes got some balls, I'll give her that. Or she's really stupid. Either way prison won't be kind to her.

Good for you Sam I hope that bitch gets what's coming to her!!!

Karma is a great thing

 

[azgn]

glad you have something you can go after her with!

however, from personal experience, don't get too excited about our justice system doing much or recovering much

a friend's business was whacked for $150,000 over 3 years by his office manager (he lacked some basic controls and trusted her too much)

it took 2 years to gather enough evidence for the cops to even charge her (and believe me, we had the evidence...I assisted in the audit)

By then her attorney had worked a plea deal, so probation...no restitution (that basic control thing...his insurance paid $50,000)

Probably the nastiest thing you can do is issue 1099's for the money she took and send 'em to IRS....that'll get IRS very interested...before you do, check with your attorney and accountant because that can even come back to bite you!

oh, that basic control thing: never,ever let the same people that write checks or deposit money get within 100 miles of your bank statements and cancelled checks...have 'em mailed to your home and YOU do the bank recon......

good luck! (you DO need an attorney and accountant...don't even go there without advice....)

 

[Dan K]

Originally posted by turbosam6
Well, heres an update. I found out today she has stolen over $30,000 from me!

OMFG!

When you were telling me about this last week when we met I didn't think it would end up being anything like this!

 

[turbosam6]

Its over $40,000 now, got some more checking account info. My lawyer will be in touch, rest assured. My former book keeper came back to help me, she's really good. I'm going to try to seize her truck and trailer asap, then sell it. My brother in law is an attorney out of state, he mentioned something about the bank having some liability too. They should have called one of the owners when she was cashing $2500 checks she wrote herself. I think one of my other former emplyeees was in on it too, I'll find out soon. I WILL kick his ass, after I sue him of course. He's a pos anyway, now he's trying to rip off some insurance co. for an accident he was "hurt" in, he isn't even hurt. I hope they nail him! He's one of those dumb asses you see on TV carrying 80lb. bundles of shingles around when he supposedly can't even walk. What a dildo. Another business in town had the same problem I'm having, they got like 25% of their money back from the crook, and she got probation. Not good enough. I'll make sure she suffers, one way or another. Right now I'm just trying to get some money in and pay some of these bills she let lapse so badly, its really hard. My employees are helping out, they're pretty cool. Once I get everything back on track, I'm going after the bank and the places that sold her high dollar items, like the truck and trailer. They should have called someone to ask if it was OK. I found one check today where she bought clothes at Old Navy! And she paid another traffic ticket out of it too, so thats 2 so far. (She can't drive for sh!t). I'm so mad, its really frustrating that they won't just go lock her up now. Hope she doesn't skip town. Damn lazy cops around here, they wonder why so many people take the matter into their own hands. Maybe if they would put down the doughnuts and try doing something. The cop that took my report and evidence was fatter than me. Plus I'm pretty sure I could whoop his ass. Or at least out run him, which is sad, since I have trouble keeping pace with a turtle! The investigators were supposed to be here an hour ago, must be a sale at Dunkin' Donuts. Good thing I don't actually need help right now.

 

[blackbird]

PIG FARM

throw her in the trunk and drive to the nearest pig farm.....j/k