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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice
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I worked in a hotel but now apparently some money are missing.

Customer Question

I worked in a hotel but now apparently some money are missing. Some customers paid cash and those money are not posted in the EPOS and their reservation is canceled. They blaming me as the customer paid to me and now i dont know how to defend myself. Help!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

Would police investigate this and what is the worst case?

Expert:  Jo C. replied 1 year ago.
What's the sum in question please?
Customer: replied 1 year ago.

3000-4000 not exactly sure

Expert:  Jo C. replied 1 year ago.
They would investigate it if they do make a complaint I'm afraid. It is a reasonable sum of money and clearly amounts to an offence of some form.
The worst that could happen is probably not very helpful here. The worst that could happen is that you would be convicted and go to prison but the worst that could happen isn't what will happen here.
If this is theft from employer though then that is an aggravated version of theft and it is a high amount. It probably wouldn't lead to custody but it woukd certainky lead to a community order and maybe a suspended sentence.
They do have to prove this first though.
Can I clarify anythig for you?
Jo
Customer: replied 1 year ago.

Customer says that she paid me and she did but i post it in the system and I dont know what happened, it was a year ago. Can this lead to prison sentence? Should I look for a lawyer?

Expert:  Jo C. replied 1 year ago.
Not at this stage.
Do nothing. They may not do anything. Not he customer might not give evidence.
If the police do make contact then have the solicitor they are offering.
Customer: replied 1 year ago.

Do you think they can prove it? On what stage ill be offered solicitor. Now im thinking I was working 7 days and it was my 6th month without day off maybe i did a mistake but definitely i didnt take that money. Not sure how to defend myself, should i refuse to talk to them as they requesting meeting?

Expert:  Jo C. replied 1 year ago.
It is not really possible to tell from this amount of information.
It depends upon the detail.
If you can deny it truthfully then you should be doing so.
Customer: replied 1 year ago.

Yes I didn't take any money. If they go to police what will be the procedure and when police come to take my statement can I refuse and ask to talk to a lawyer?

Expert:  Jo C. replied 1 year ago.
No, they will probably come and ask you to attend at the police station. Yes, you should have a solicitor.
Customer: replied 1 year ago.
Relist: Answer quality.
Customer: replied 1 year ago.
Relist: Answer quality.
Customer: replied 1 year ago.
Relist: Answer quality.
Customer: replied 1 year ago.

i was employed as a chef but on my free time doing housekeeping. after seeing that the owner had no intention to pay me for the extra work i give him invoice with my friends name on it and requested payment so he did but now he claims that this was fraudulent. How can I defend myself?

Expert:  Jo C. replied 1 year ago.
I'm not sure what you mean ?
You can only deny the allegation. There are no magic wands for any defendant generally that will disprove an allegation.
Customer: replied 1 year ago.

I did work as housekeeper on my own time but gave them invoice with my friends name and bank details on so he can pay otherwise he was just saying ,,thank you,, he found out about that and he says that this is fraud. I didn't do right but this was the only option to stay in the company and get pair for the job that I was doing.

Expert:  Jo C. replied 1 year ago.
Yes, I understand you deny the allegation.
But it has been made.
The only way to defend it is to deny it.
Customer: replied 1 year ago.

How bad that is? I mean what that could lead to? As I can't really deny but I really worked it's not I invoiced for nothing.

Expert:  Jo C. replied 1 year ago.
Yes, so you deny the allegation of fraud. You say you didn't act dishonestly.
You don't want to be convicted of fraud from employer. It is not a trivial offence.
I'm happy to continue with this but please leave feedback for my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I was hired as a chef but the kitchen wasn't ready amd it took them to finish it almost a year. So the owner was expecting from me to do other jobs such reception, maintenance, cleaning and so which we didn't talk before employment nor I agreed to do. But after doing this for several months I started to invoice him with my friends name (the owner lives in germany). He is accusing me for taking advantage of my position. It's not really my fault that the kitchen wasint ready. I left my old job to start with him ( on the contract doesn't says cleaning or any thing else but chef)

Expert:  Jo C. replied 1 year ago.
Sorry if I am missing the point but surely you were not entitled to that money?
I realise that you were doing more than contracted to do but he hasn't agree to pay extra for that and certainly not in another name?
Customer: replied 1 year ago.

I'm not entitled to be paid for my work? we needed a hsk but couldn't find and the job needed to be done. If I wouldnot clean the rooms we wouldn't be able to sale them. would they make me return this money?

Expert:  Jo C. replied 1 year ago.
You are entitled to be paid for your work but you cannot submit invoices in a false name for being asked to do work that exceeds your job description I'm afraid.
If you were employed in a separate capacity then that would be different although that doesn't explain the different name.
Customer: replied 1 year ago.

would I have to pay the money back?

Expert:  Jo C. replied 1 year ago.
Not your legitimate earnings. But there is a risk you could have to repay any overpayments.

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