Question: I have just learned that my bookkeeper has been stealing from me for the past several years. Although I trusted her, she hid the amounts that she was taking by making false entries on our quickbooks ledger, and stealing a small amount of money under the radar screen. I have reported her to the Sheriff’s department. Can I sue her also?
Employee Theft
Answer: The scenario that you have described gives rise to two different, but related causes of action. The first is called conversion, it must be established, by a preponderance of the evidence, that there is a specific and identifiable piece of property, and an unauthorized act which deprives you of the money that you are entitled to. By law, you should make a demand to return the money, or establish that making such a demand would be fruitless, which is likely the case, here. Additionally, however, you very likely also have a claim for civil theft, pursuant to Florida law. Under this statute, you would be entitled to an award of treble damages, plus reasonable attorneys fees and court costs. In order to make a claim for civil theft, however, it is required that you provide a resuit notice to the bookkeeper, placing her on notice of the claim if she does not return the money.
Fidelity Bond
Another consideration is whether you have procured a fidelity bond, previously, to insure yourself against such theft. You should check with your insurance agent to determine if you have purchased such a bond. Additionally, there may be other insurance available, under the right circumstance, such as a fiduciary bond, if the person who took the money (or her supervisor) was in a fiduciary relationship with the person or entity for whom the money was held (for example, if she was a bookkeeper for a union, or something of that respect). Often, depending upon the circumstance, there may be other people or entities who may also be responsible for catching the theft, from whom a civil recovery may be made. Finally, assuming the bookkeeper is prosecuted, you likely will have recourse in the criminal court context for restitution, often which is a condition of probation.
If you have a situation requiring legal representation get your no-obligation, free case evaluation or contact Corless Zinober, Florida Trial Lawyers, at 866-969-2889.
