I have a small business. I fired an employee in late Nov. In early Dec. he goes to one of my jobs and asked the customer for a deposit for paint materials. About $1500.00. The customer writes in a check to my business and upon seeing the check asked the customer to write it to him. He takes the money and never shows back up. The customer now is taking me to small claims court. What should I do?
1 Answer from Attorneys
Ask for dismissal of the case against you on the grounds that when the transaction described took place this fraudster was not your employee nor acting within the scope of his employment nor was he authorized in any way,
shape or form to accept a check from the plaintiff for $1500.00 in your
company's behalf for paint materials.
You should bring with you to court any and all documentation that you can
muster in support of these arguments as described above.
The plaintiff who was "stiffed" out of $1500.00 for paint materials that were
never delivered to him must look elsewhere for his recourse in this matter, i.e. to the fraudster who defrauded him which you had nothing to do with (would be my argument to the judge).
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