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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8552
Experience:  I have been practising for 30 years.
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I've recently quit my job over a heated argument with my

Customer Question

I've recently quit my job over a heated argument with my boss and the owner of the company when he came to a house i was staying at before work after i hadn't collected his son but had arranged for another colleague to do so. As I'd quit on the spot there was obviously things that needed to be sorted, i.e. shop takings and deposits which I hold as I was Regional Manager. It became worse as I am now being accused of stealing the money even though i met him and returned some of the balances but with everything I forgot three which I dropped into one of the other stores. He is now claiming that there are missing invoices which i agree there are but i cant explain them as they've been deleted off the system. He has since called to my mothers house telling her awful stuff that could happen her home if i did not meet him. There is so much more thats happened in the previous 9 days. I met with him and he has said there is a total of 65 invoices deleted and he had pictures to prove that, when i asked to see his proof he wouldnt show me but has demanded I pay 30,000 euro. I would appreciate any assistance you can provide.
Regards, Robert
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

I'm sorry; I responded to your question in error. I will opt out so that another expert can assist you. Many thanks

Expert:  F E Smith replied 2 months ago.

What was this heated argument over?

Has there ever been any relationship between you and the boss? I’m asking in respect of his insistence on meeting him.

Do you know how these invoices got deleted from the system?

Would your bank account show any massive amount of debt or any money coming into your bank which was unusual?

You say that you return some of the balances then you dropped into one of the other stores. Are you saying that you return some of the balances to him and all the other balances to the other stores?

I have to ask but please confirm that you have not taken anything at all.

You say this a lot more happened in the nine days, can you please let us have as much information as possible please?

Customer: replied 2 months ago.
Argument: I'd rented a Land Rover discovery for four days and had just come out of my colleagues house with whom I've recently start a relationship with. He was waiting for me outside and asked "why was I lying to him" and "how could you afford to rent a jeep like that when I can't", he is more than able to afford it. It cost €236 for the four days. It's not a big company by any means so there is no rules on staff not seeing one another. He has been snooping into our personal life for months, surely it's none of his business outside of the work place? He's admitted driving up on several mornings to see if I'd stayed the night. I'm not sure what his problem is.
Relationship: most certainly not, I considered myself an employee and that's it
Invoices: yes, I would of deleted some if a customer cancelled an order or if a customer changed the order completely and an invoice had already been made. If it wasn't deleted it would show an outstanding balance when a deposit was only paid.
Account: my account wouldn't show anything like that, I've no debts and I've a perfect credit history. There is no amounts of money shown to be deposited.
Returned balances: when he asked me to call in to see him two days later when we had both cooled off, in my haste I'd forgotten three balances. I said I'd forgot them and he accused me of being a thief even though I handed him an invoice due to go out the following day but I'd left the money at home. I'm hardly going to hand him that knowing there was money owing to be collect c.o.d.
Ask: it's not your traditional company as he does not do things by the book. With certain customers I'm told to do no receipt when it's paid by cash. Some of those customers wouldn't be the most upstanding of citizens so I hold on to the money until the job is complete as more often than not they demand their money back if goods are not in on time. So instead of not being able to have funds ready I keep the money aside for that reason. He also does not live in the country so I'd obviously have to hold the money till he was back. To answer your question, no I have not even though it can be made to look like that. There is cash book receipts to proof this.
Happenings: he has accused my mother of being apart of his made up stories. She suffers from severe depression and is an easy target to manipulate. Told her these customers would come and burn her house down or kidnap me (not said in that way, he said "take me"). Drove up by my colleagues house that I started a relationship with morning and night ringing her to find out where I was and bombarded her with phone calls during the day. I went away for three days to clear my head after all this happening, he frightened her to such a degree he told her he would get her child taken off her and got the number of her landlady to ask person questions. She hasn't felt safe in her home since. My mother included as she's gone up the country to my father for a week.
Expert:  F E Smith replied 2 months ago.

It is nothing to do with an employer what you do in your private life regardless of how large the company is provided doesn’t conflict with what the company is doing. You are quite correct in that respect.

The accounts system needs to be revisited. It is obviously not a recognised package because recognised accounts package will not allow anything to be deleted. You have to put a contra in someone cancels something, to offset the original one or issue a credit note. It avoids the problem that you now have.

The majority of people who take money either take small amounts as some kind of kick or the ones who take large amounts take it because they are in financial trouble. This is a general observation it is remarkably accurate. Hence, the fact that your bank statements are perfect and you have a good credit history would really help if ever this was referred to the police.

Theft is defined as “the dishonest appropriation of property, belonging to another, with the intention of permanently depriving”. Hence, this does not fit the definition of theft simply because you had the money at home instead of handing it over.

You don’t need to tell me that you hanging on to the money is not good practice. It should be handed over immediately to the company and it should be the company returns it. However, once again, just because you may hang onto that pending a refund, does not make it theft.

With regard to the accusations he is making to you and your mother, and bombarding you with telephone calls, these now amount to harassment and harassment is a police matter. It’s up to you of course whether you decide to refer this to the police or not but, if he’s going to refer it to the police, you might want to get your version of events in first.

Can I clarify any points arising from this?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Expert:  F E Smith replied 1 month ago.

Can I assist you further with this? Please don’t forget to use the rating service otherwise I don’t get paid. We can still exchange emails. Best wishes

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