Gift card scam

[ron reece]

I bought $400 worth of gift cards from a person who was an employee at Chili's (Brinker's Corp.) in July 2012. I finally went to use them and they were deactivated. After speaking with customers service at Brinker's, I was informed their employee fradulently activated the cards and then sold them. I was told he scammed over $60K for of gift cards. Brinker's said they are pressing charges against the employee, and I should contact the detective in charge of the case (for possible restitution). I really don't want to waste my time with the police, and was wondering if Chili's (Brinker's) has any obligation to either re-activate and honor the gift cards, or refund my payment that was made to their employee. What's your take on this? Thanks, Ro

 

[sandyclaus]

I bought $400 worth of gift cards from a person who was an employee at Chili's (Brinker's Corp.) in July 2012. I finally went to use them and they were deactivated. After speaking with customers service at Brinker's, I was informed their employee fradulently activated the cards and then sold them. I was told he scammed over $60K for of gift cards. Brinker's said they are pressing charges against the employee, and I should contact the detective in charge of the case (for possible restitution). I really don't want to waste my time with the police, and was wondering if Chili's (Brinker's) has any obligation to either re-activate and honor the gift cards, or refund my payment that was made to their employee. What's your take on this? Thanks, Ro

Unless the employee was selling these gift cards under the full authority and knowledge of his employer, then NO, you can't get your money back from the employer.

In fact, I doubt that the employer even knew about it, as that's really not the kind of thing that employees go around sharing with their bosses. More likely, the employee did it right under the employer's nose without their knowledge.

If you want your money back, I suggest that you sue the person who sold them to you. Of course, you'll have to stand in line behind the OTHER people who are probably going to sue him for the same reason.

 

[Mass_Shyster]

If you walked into Chili's and purchased gift cards from the cashier, you should be able to recover from the employer under the doctrine of apparent authority. If the transaction was otherwise, you probably must go after the employee.

 

[tranquility]

I disagree with sandyclaus, the legal issue will be apparent authority. The principal may be liable. But, the first step will be the police. After that, the legal issues will revolve around the facts.

Frankly, the lawsuit will be hard. I don't know the circumstances would lead to liability on the part of the principal, but know that over 60k they will fight and you need an attorney. Since the outcome is so unsure over such a small amount, the po po seems the best chance.

 

[OHRoadwarrior]

If you walked into Chili's and purchased gift cards from the cashier, you should be able to recover from the employer under the doctrine of apparent authority. If the transaction was otherwise, you probably must go after the employee.

Be prepared to show the receipt you paid for them with.

 

[Antigone*]

How about avoiding all the fuss with the Court and start by threatening with a suit first?
- Send an email with your intention to file a complaint.
- After this, if nothing happens, send an official envelope from a law firm.

This kind of approach is very good at times.

Please stop posting this utter jibberish.