What are my legal options with an employee who has charged personal items on…

Credit and mortgage advice Forums Consumer Credit Credit Cards What are my legal options with an employee who has charged personal items on…

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    • #215807

      …a business credit card? I recently found out a “trusted” employee had charged $1900 of personal items on a credit account that was meant for business only. Is this a misdemeanor, felony, or something different? Looking for a course of legal action and will seek attorney advice soon…just seeing if anyone here is in-the-know on such incidents…

    • #285071

      There are two aspects to this – civil and criminal.

      On the criminal side, it’s a crime only if the State is able to prove that he did not intend to pay for the items. If he used the company card with the intent of paying the bill when it arrived, it’s not illegal – although it’s a violation of company rules, I’m sure. These cases are seldom prosecuted simply because – unless you missed these charges over a period of several months and he never paid them – it’s hard to show intent.

      On the civil side, you can sue him. You’re entitled to your $1,900 plus costs.

      My personal opinion……

      First, report him to the cops. The criminal issue is entirely in their hands and the DA’s anyway. You don’t need a lawyer to do that.

      Second, demand your $1,900 back. If he doesn’t pay up, sue him in small claims court. You don’t need a lawyer to do that either. No point giving your lawyer $500 that you can’t add to your claim. In *some* States, but only a few, it’s legal to withhold a sum like this from his last paycheck. That is not true in most States, though – and if you try it one where it’s not legal (Like my State of CA) it will cost you big time if he sues you.

      Third – of course – fire him.

    • #285634

      That’s a felony in my state. Call the police.

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