Re: Employee charged up our corporate card, what can i do?

calberto22 <calberto22@xxxxxxxxx> writes:
What is restitution?

Paying back. Dictionaries exist for answering questions like this.

I thought of telling her that if she didn't pay us back
by Friday, we would have her arrested.

You can't "have her arrested." You can go to the police and/or the DA
and ask to make a statement to them about a crime you believe has been
committed. They will take down your statement and then decide whether
further investigation and/or charges are warranted. The police and/or
the DA have to decide whether to have someone arrested; it's not your
decision.

i am trying to see if we can
reverse her direct deposit as well which is only $1800 but at least
it's something.

Don't do this. It's illegal.

If she is still your employee, you are legally required to pay her
wages, separate from any dispute you may have with her over other
money. If you don't pay her wages, she can sue you for failing to do
so, quite possibly (depending on the law in your state) with a demand
double or triple damages for nonpayment of wages.

Once you fire her, you can stop paying her wages, obviously. However,
again depending on the law in your state, you may still need to pay her
for accrued vacation, personal days, and sick days. You may be able to
get around that if you have a written policy which was provided to her
indicating that employees who are fired for cause forfeit accrued
time, but such a policy may not even be legal in your state.

I also thought of telling her that we would try to get this on her
employment record if she does not pay us back. is this possible? you
know when you do a background check on someone, you can see their past
employers.

As a private employer, I don't think you have standing to put an entry
on her credit record.

If you can convince a collection agency to buy the debt, they can get
it onto her credit record, but they won't pay you the full amount.

You can also sue her for the amount she hasn't paid back. Winning a
judgment will probably be easy given the facts you've described, and
once you win a judgment, it'll show up on her credit report.

I thought of telling her that if we ever get called from
future employers, we are going to say she stole money, if she doesn't
pay us back.

You need to be very careful about that. She can sue you for slander
for saying things like that, and it'll be easy for her to prove damages
if you prevent her from getting another job. You probably don't want
to be saying things like this to people without a court judgment
against her in hand.

Also, thinking about it purely in terms of self-interest, if you keep
her from getting another job, how will she pay you back?

I get hte feeling she will say that she can only pay us
back $200 a month which would take her 3 years to pay us back. i can
talk to her, but i get the feeling she's just going to disappear.

There are all sorts of things you could do.

As previously noted you could go to the local DA and/or the police and
ask to swear out a criminal complaint. However, as another poster
pointed out, it's not a clear-cut case of theft, and they may be
reluctant to arrest her immediately.

You could hire a private investigator to keep tabs on her so that
you'll know if she tries to "disappear." But that'll be expensive,
and therefore perhaps not practical.

You could wait until she "disappears" and then go to the police. They
will probably be much more willing at that point to consider pressing
charges, and if/when they do decide to charge her with a crime, you'll
have their help finding her.

i like telling her that we will have her arrested. i have her social,
and a lot of other personal info. Is there anything else we can
threaten her with that will motivate her to pay us faster?

Don't think about it in terms of threatening her, because given her
behavior, she's obviously well past the point of threats being likely
to accomplish anything.

The advice you get here, my own included, is worth what you paid for
it. Hire a good lawyer to advice you on what to do.

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