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Misuse of company funds?

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fififi

Junior Member
Not sure if this is the right forum, but i thought it might be the most appropiate.

I work in a magazine as a senior journalist, and recently i got caught in a sticky situation. one of our clients, a restaurant, paid for half of their contract in barter credits, and i used up almost half of it ($5k in all) without knowing that i had to seek consent from our bosses.

firstly, i am authorised to use the credits by my editor, and i have always been open about using the credits in the restaurant (such as inviting the colleagues). however our boss (a.k.a the publisher) claims that he knows nothing about the barter, and that he thought the restaurant paid upfront in cash only until recently. now he is pretty damn upset about and although he hasn't told me how he wants to pursue the matter, i am pretty worried about it.

one reason why i mistakenly thought i was able to use it for personal expenditure is because my ex sales director (who left earlier this year), who was in charge of procuring this contract, encouraged us to use it as rumour has it that the restarant was closing down. however, it remains unclear as to why he did not inform our bosses about the barter.

additional info:

1.out of the four trips i made to the restaurant (there was a minimum spend of $1500 per visit), my editor was there with me on at least one count, where she also ordered a fair share of champagne. and on all four occasions, two colleagues from a sister company was there for the ride as well.

2. we also have barter accounts with other bars and restaurants, but we either were told not to use it, or there was a cap implemented. i have followed all instructions religiously.

3. my HR thinks that i should have informed the boss about the barter, but in my 4 years of working here, i have never spoken to him privately before as there is a hierarchy here. after my editor, there is the sales directors, who should have informed the boss during the handover from my ex sales director.

4. i resigned last week (am serving two months notice), but it has nothing to do with this matter, which was first discussed back in september, and nothing was done about until a day after my resignation where my boss suddenly got the HR to speak with me to find out more about the matter.

in the worst scenario, i am afraid that my boss would make me return the $5k. does he have any legal grounds to do so? i really had zero intention of misusing so much credits. would pleading ignorance help me, even if it's the truth?

thank you very much.
 


quincy

Senior Member
I'm not sure if this is the right forum, but I thought it might be the most appropriate.

I work in a magazine as a senior journalist, and recently I got caught in a sticky situation. One of our clients, a restaurant, paid for half of their contract in barter credits, and I used up almost half of it ($5k in all) without knowing that I had to seek consent from our bosses.

First, I am authorized by my editor to use the credits, and I have always been open about using the credits in the restaurant (such as inviting the colleagues). However our boss (a.k.a the publisher) claims that he knows nothing about the barter, and that he thought the restaurant paid upfront in cash only until recently. Now he is pretty damn upset about it and, although he hasn't told me how he wants to pursue the matter, I am pretty worried about it.

One reason why I mistakenly thought I was able to use it for personal expenditure is because my ex-sales director (who left earlier this year), who was in charge of procuring this contract, encouraged us to use it. Rumor has it that the restaurant was closing down. However, it remains unclear as to why he did not inform our bosses about the barter.

additional info:

1.Out of the four trips I made to the restaurant (there was a minimum spend of $1500 per visit), my editor was there with me on at least one count, where she also ordered a fair share of champagne. On all four occasions, two colleagues from a sister company were there for the ride as well.

2. We also have barter accounts with other bars and restaurants, but we either were told not to use them, or there was a cap implemented. I have followed all instructions religiously.

3. My HR thinks that I should have informed the boss about the barter, but in my 4 years of working here, I have never spoken to him privately before as there is a hierarchy here. After my editor, there are the sales directors, who should have informed the boss during the handover from my ex-sales director.

4. I resigned last week (am serving two months notice), but it has nothing to do with this matter, which was first discussed back in September, and nothing was done about it until a day after my resignation, when my boss suddenly got the HR to speak with me to find out more about the matter.

In the worst scenario, I am afraid that my boss would make me return the $5k. Does he have any legal grounds to do so? I really had zero intention of misusing so many credits. Would pleading ignorance help me, even if it's the truth?

Thank you very much.
I have a sneaking suspicion that you are not in the U.S. Could you please state the name of your state or, if outside the U.S., the name of your country? Thank you.


(Note the bolding - You must have kept your editor busy ;))
 
Last edited:

commentator

Senior Member
Yes, this isn't sounding local. Any U.S. employer would have had this person out on their butt and prbably prosecuted long before now.
 

fififi

Junior Member
ha yes i'm from hong kong, and please excuse my lack of housekeeping in the grammar department.

not sure how the law differs between the U.S and hong kong, but i suppose it's pretty much the same when it boils down to definitions?

i really did not intend to use the barter credits in such a manner; would my boss have a case against me should he decide to pursue the matter? would it not be apparent that my intentions were not malicious as i had openly used them, and invited the rest of my colleagues along? all that i had failed to do was to consult my boss directly, as i was under impression that he was informed.
 

Zigner

Senior Member, Non-Attorney
ha yes i'm from hong kong, and please excuse my lack of housekeeping in the grammar department.

not sure how the law differs between the U.S and hong kong, but i suppose it's pretty much the same when it boils down to definitions?

i really did not intend to use the barter credits in such a manner; would my boss have a case against me should he decide to pursue the matter? would it not be apparent that my intentions were not malicious as i had openly used them, and invited the rest of my colleagues along? all that i had failed to do was to consult my boss directly, as i was under impression that he was informed.
This forum is for US law only.
 

quincy

Senior Member
This forum handles U.S. law questions only. The laws in the U.S. not only differ in significant ways from the laws of other countries, they even vary in significant ways from state to state in the U.S.

You will probably want to locate an attorney in your area and review the facts with this attorney. I am afraid we can't help you here.

Good luck.


(as a note, your writing is not all that different from the writing of many in this country :))
 

quincy

Senior Member
Why don't you contact your local legal adviser to resolve this matter? He/she will better advise you.
Yup. The advice offered fififi is bound to be better if fififi seeks a local legal advisor, especially since fififi is in Hong Kong and we are not, and we handle U.S. law questions only.
 

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