Legal Question in Business Law in California

I suspect my employee taking money. When clients come pay cash to pay toward dues she is to give a reciept with sycronized numbering. numerical order. the proof i have is that the reciept stubs arent numerical. it is obvious she is taking money. I have clients report that pay and dont pay. but the ones who get the reciept r the one who pay. I use file pro. wherre reports can be altered. I believe she used reciept puts there name on it but then shreds the reciept to keep the cash. when the auditors came they only could see that but had no way to see if the suspesion is true.. do i just fire her or can i press charges


Asked on 2/28/11, 4:10 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The absolute best way is to have a private investigator come in and pay cash and see if it reaches you. Or you could just call the police and see if they can have an undercover detective do this for you.

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Answered on 2/28/11, 4:24 pm
Terry A. Nelson Nelson & Lawless

You can certainly fire her, but if you don't have sufficient proof of theft, you won't be able to win either criminal or civil action against her. File a police report and get them to investigate. Then, if they get proof, you can use that in a civil case as well. A PI under cover is another way.

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Answered on 2/28/11, 5:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you have auditors, they should be able to assist you in the detection and prevention of embezzlement. That's one of the functions of audit. You should consider better (safer) systems that are theft-resistant. In order to press charges, get advice on the kind and amount of evidence needed; I do recommend pressing charges but only if you have enough admissible evidence to get a conviction.

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Answered on 3/01/11, 9:23 am


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