E
Emperor
Guest
What is the name of your state?What is the name of your state? Utah
Well first off I'll say that I am not the one accused. I have been looking into some way to help a friend. He has been my general manager for the last 6 months or so, and was a fellow employee for 3 years before that. Now he was just fired this monday for theft. Here is the story:
I work for a computer parts dealer. The actual store I am located at is one of the satelite stores, and is away from the main offices. The main office is where most the services in question are supposed to take place. My former manager, according to their accusation, charged a customer for the components to build or rebuild a computer system. He then charged the customer separately, in cash, for the actual service to work on the system. They say that he was opperating as an offical employee of the company, and stole money that should have gone to the company. The total amount for the services payed to my manager was $160. I say this was payed, as I have no information as to wether this was a charged ammount, or if it was the amount given as a "tip" or as "thanks" for these services.
According to the story told to me by my manager. The customer in question was sent to the store by a friend of my manager. My manager had done work, on the side as a friend, for this individual, and he recommended him to the customer in question. From what I was told, there was never any expectation for the service to be done by the company itself, or an official representative of the company. Only the components were to be purchased from the company, and the labor was to be done "on the side" by my manager. The owner of the company claims that this service should have been charged to the customer through the company. Our company does provide services such as this, but as I said before not out of our location. There is also a consideration of if the company would have done the work in the first place. From they way the situation was described, I would have told the customer that the service he needs is not provided. From what I, and the rest of the employees there including my former manager, we will not work on computers where we cannot warranty the parts. That way we cannot be held responsible for any damage to the system. From what we have been told now, they are more willing to do that type of service. However, whether my manager knew this or believed they would perfomr the service is unknown.
There are 2 instances where this type of event occured. The first event was for $60, and they claim the work was done on company property. The second was for $100 and from what I was told the service was done at my managers home. The initial delivery of the system was done at the store, and possibly the payment, but the work was done off company grounds and off company time.
I was informed yesterday that the owner intends to file some sort of charge against my former manager in the amount of 160 plus "future" damages. How they can justify or prove future damages is beyond me. My former manager is from peru originally, and is a legal citizen of the US now. However his knowledge of the legal system, or just understanding what is going on is limited.
I have yet to speak to the customer, as I intend to do when I get to work tomorrow. I inted to find out what circumstances brought the customer into the store. If he ever intended to pay the company to do the service. If the service of the company was offered, and found to be unsuitable to his needs. Therefore opening my manager to the offering of his service instead. If my manager charged, told an amount required for the service, or if the payment was for the customer to decide.
I was wondering if anyone has any ideas about this situation. I have spent a day going through the Utah code to find out what the legal definition of theft is. I do have questions as to how they can consider it theft in the first place. I also have questions as to what kind of actions could be taken against my former manager. The 160 he could pay I think, but as for claims to future damages.... What kind of burden of proof is the company going to have to provide to make its case? Where could an action like this be filed, under criminal, small claims, etc.. I dont believe my former manager has the resources to hire an attorney. Please! any suggestions?
Well first off I'll say that I am not the one accused. I have been looking into some way to help a friend. He has been my general manager for the last 6 months or so, and was a fellow employee for 3 years before that. Now he was just fired this monday for theft. Here is the story:
I work for a computer parts dealer. The actual store I am located at is one of the satelite stores, and is away from the main offices. The main office is where most the services in question are supposed to take place. My former manager, according to their accusation, charged a customer for the components to build or rebuild a computer system. He then charged the customer separately, in cash, for the actual service to work on the system. They say that he was opperating as an offical employee of the company, and stole money that should have gone to the company. The total amount for the services payed to my manager was $160. I say this was payed, as I have no information as to wether this was a charged ammount, or if it was the amount given as a "tip" or as "thanks" for these services.
According to the story told to me by my manager. The customer in question was sent to the store by a friend of my manager. My manager had done work, on the side as a friend, for this individual, and he recommended him to the customer in question. From what I was told, there was never any expectation for the service to be done by the company itself, or an official representative of the company. Only the components were to be purchased from the company, and the labor was to be done "on the side" by my manager. The owner of the company claims that this service should have been charged to the customer through the company. Our company does provide services such as this, but as I said before not out of our location. There is also a consideration of if the company would have done the work in the first place. From they way the situation was described, I would have told the customer that the service he needs is not provided. From what I, and the rest of the employees there including my former manager, we will not work on computers where we cannot warranty the parts. That way we cannot be held responsible for any damage to the system. From what we have been told now, they are more willing to do that type of service. However, whether my manager knew this or believed they would perfomr the service is unknown.
There are 2 instances where this type of event occured. The first event was for $60, and they claim the work was done on company property. The second was for $100 and from what I was told the service was done at my managers home. The initial delivery of the system was done at the store, and possibly the payment, but the work was done off company grounds and off company time.
I was informed yesterday that the owner intends to file some sort of charge against my former manager in the amount of 160 plus "future" damages. How they can justify or prove future damages is beyond me. My former manager is from peru originally, and is a legal citizen of the US now. However his knowledge of the legal system, or just understanding what is going on is limited.
I have yet to speak to the customer, as I intend to do when I get to work tomorrow. I inted to find out what circumstances brought the customer into the store. If he ever intended to pay the company to do the service. If the service of the company was offered, and found to be unsuitable to his needs. Therefore opening my manager to the offering of his service instead. If my manager charged, told an amount required for the service, or if the payment was for the customer to decide.
I was wondering if anyone has any ideas about this situation. I have spent a day going through the Utah code to find out what the legal definition of theft is. I do have questions as to how they can consider it theft in the first place. I also have questions as to what kind of actions could be taken against my former manager. The 160 he could pay I think, but as for claims to future damages.... What kind of burden of proof is the company going to have to provide to make its case? Where could an action like this be filed, under criminal, small claims, etc.. I dont believe my former manager has the resources to hire an attorney. Please! any suggestions?