How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My former employer is saying that I have mis used the company

This answer was rated:

my former employer is saying that I have mis used the company business account by making payments of which I has authorised to as she had given me full access to the account and this is confirmed by the bank but she is saying that I neglected to inform her and that there are additional payments
these payments that she claims are negligent I my expenses and final salary
but she has said that she will go to the police to threaten me
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this?
Customer: replied 2 years ago.
I want to know if there if she can go to the police and say that about me when that is not true
Customer: replied 2 years ago.
shall I send you the full email ?
Customer: replied 2 years ago.
here is the copy of the mailJJ, you have paid yourself money from my accounts without my authorization.
- In July and August alone you paid yourself around £50,000 from the Hooply account. You did this when you knew very well that I had no access to the account while travelling abroad. You made some of these payments to yourself when you no longer worked for me. You did not follow the correct procedure which required each and every business expense to be authorized by me in writing with invoices immediately filed with our accountants through Receipt Bank. You did not even tell me about it and have been ignoring my calls and messages since August.
- You took my personal checkbook and signed checks without my authorization or even telling me about it.
- You failed to return the checkbook, the corporate card, the bank access device and my houses keys when you stopped working for me.
I am taking the matter to the police this Friday unless:
- You provide all the missing receipts for the amounts you “reimbursed” yourself for, along with evidence of my written authorization which you were supposed to receive before making any such expense. I have attached a list of your business invoices.
- You provide explanations and evidence of my authorization for each payment you made from my personal account.
- You pay back any amounts you do not have sufficient documentary support for.
There are other questionable unauthorized charges on my business account, including those made by EE, the provider of your personal phone service. You were the only person who had access to the Hooply account so I will need supporting documentation for each such expense. I am conducting a full audit of my business matters and will need your prompt response with full evidence and explanations as to any such questionable expenses. If any irregularities are discovered I will expect you to fully compensate my legal and accounting expense.
I have discovered other evidence of serious negligence and failures in your work.
Needless to say that my letter of recommendation is withdrawn. Unless the matter is resolved by this Friday I will reply to all the reference requests I’ve received so far explaining the situation.
Customer: replied 2 years ago.
I have just sent you the email from my former employer above
Customer: replied 2 years ago.
please note that my former employer gave me full access to use her business account by her and the bank for the full duration of my employment
Yes, she can.
People lie all the time to the police. I think lying is more prevalent than truthful reporting in the UK.
Obviously people shouldn't do that but they do it all the time. Truth is, most victims are just next week's defendant and childish reporting is absolutely widespread.
That is why sometimes people are acquitted. That is also the real reason that the conviction rate for sexual offences is very low. It is nothing to do with outdated sexist attitudes. It is explained by the simple fact that if you prosecute people on false allegations they will be acquitted.
If you did have authority to make these withdrawals then that is defence but £50k is a fairly large sum so you will need to be able to account for it.
Can I clarify anything for you?
Customer: replied 2 years ago.
All the transactions she is referring too is money withdrawn from her business account to which she gave me full access to as a 3rd party by her and the bank so there is no decrepancy for that as she did thisI no longer work for her so is there a valid claim here ?
Customer: replied 2 years ago.
if she is making this claim against me then would it not then be prudent for me to make a complaint that she has made false accusations against me to the police?
She will be arguing either that she didn't give you authority or that you used the authority to make improper deductions.
The fact you no longer work there is a non issue. If there was a theft of £50k then that will be an issue where ever you are.
There is no point in making a complaint. They won't investigate it. Prosecutions for making false allegations are pretty rare despite the overwhelming case for it and anyway they are police led. It isn't realistic expectation though. Bearing in mind that they find every excuse not to prosecute people who make false claims of rape for reasons like not wanting to deter others from making their false claims, it is not a realistic expectation that they are going to prosecute her Im afraid.
Customer: replied 2 years ago.
All the payments I paid were my salary and expensesso what do you then suggest I do ?
If she makes a report then co-operate with the police and raise your defence.
The plain fact is that she can make a report if she wants to and that will lead to an investigation.
Unless you are prepared to comply with her demands. In fairness, they do seem fairly reasonable. She is asking for receipts and explanations and a back payment of anything for which you can't account. If this were all legitimate deductions that shouldn't be impossible to achieve although I suppose you might not be able to do it by tomorrow but you could ask for time. £50 k is a lot of money and it seems reasonable she wants to see accounts.
Customer: replied 2 years ago.
Ok thanksThere is one more point. I discovered that her father is wanted by interpol for serious fraud and which I simply why I have had nothing to do with herand i think she is trying to use this tactic to scare meShould I inform her about this or should i inform the police and explain this is why she is making these entirely false claims
No, I wouldn't bother.
I wouldn't mention it to the police. It is a non issue.
What her father has done or not done makes no difference here.
Also, people can be wanted for questioning upon cases that are very weak. It doesn't really mean anything at all.
Customer: replied 2 years ago.
Here is the email that I sent to her in responseDear Anastasia,
Thank you for your email to which I respond.
I am very surprised by your email.
I started working for you on September 2013 with a 3 month trail period.I started working for you as a PA and Lifestyle manager with a 3 month trial period. My working hours were 247 on a daily basis which included booking flights and managing your family including your Mr & Mrs Koroleva and your extended friends. As a Lifestyle Manager I remind you that there are expenses due to the nature of your business and the work that I entailed on your behalf this in addition and such as providing you access to clubs, restaurants, bars, and private memberships, all of which you asked me to organise on your behalf.
With regards ***** ***** matter of employment. A drafted letter of “ offer “ has only ever been drafted. You were always reluctant to comply to the legal obligation of providing me with a working contract. Month after month you found reasons which were not to do with the quality of my work to delay this situation.
You told me that you were reluctant to pay the taxes on this salary and you trusted me to make withdrawals in bank transfer as part of my wages and expenses. You asked for it to be written down as expenses and salary.
You are writing clear statements about a negligence. If there is a negligence as you state in your letter. You didn't comply to the UK law to declare my employment and my working contract by paying all due on taxes - therefore there is no negligence that you claim occurred.
As your employee I not in a position to insist or threaten to have a working contract. When I told you I needed a working contract and that I can't work like this in June my employment was verbally terminated without written notice. Where is the negligence? The amount I was withdrawing was my salary and expenses according to the verbal agreement we had with out a working contract.
In addition to these points please note.
1. With regards ***** ***** termination. The UK Employment Law you certifies that you you are supposed to provide me with a letter of my termination of employment, you have never provided me with any such document.
2b. It is unlawful not to issue a statement of terms and conditions - or an employment contract incorporating a statement of terms and condition - within two months of an employee starting work. You have never provided me with this. In addition without written contractual agreement you cannot lawfully deduct money from wages.
3. With regards ***** ***** payment of my salary and this ‘reimbursement’ I always have your approval and knowledge.
4. With regards ***** ***** Hooply Business Account. You provided me with full access to the account to make all payments on your behalf - this was also confirmed by HSBC Business Banking.
6. With regards ***** ***** payments made on the account. They are expenses that were due to me for payments that I have had to make on your behalf. I left a full set of invoices for you.7. With regards ***** ***** house keys. I gave my set of keys to Brieneka your nanny in April 2015 and you were made aware of this then.
8. I provided you with a full copy of handover notes along with invoices.
9. In regard to my references I was a victim in my employment situation and if I find you have damaged my reputation by writing incorrect information about me I will have to take you to employment libel court because as this is deformation of my character.I believe this matter draws a full and final response to all matters pertaining to the correspondence of your email.
Customer: replied 2 years ago.
please can you review and let me know your thoughts though I have already sent this to her
I would have told you not to send that.If you have done it already it is too late.Her request is perfectly reasonable and this does not amount to an answer to it.Further, it reveals that you haven't had advice as you cannot sue for libel at the employment tribunal or at all so now she knows that you are not properly informed which isn't helpful.
Customer: replied 2 years ago.
ok I have sent it now so what next steps should I take or do ?
If she makes a report then co-operate with the police and raise your defence.
Comply with her request. She is asking for receipts and explanations and a back payment of anything for which you can't account. If this were all legitimate deductions that shouldn't be impossible to achieve although I suppose you might not be able to do it by tomorrow but you could ask for time. £50 k is a lot of money and it seems reasonable she wants to see accounts.
Jo C. and other Law Specialists are ready to help you