Can a business hold the sales associate responsible for the amount of a fraudulent transaction?
912451
Depending on who was at fault..If it was the sales person...Definately...For the amount lost...Immediate termination and possibly charges laid,,,\n\nIf it was the customer...No....They, then become liable...However, you may and probably have to forfeit any commission or compensation back to the business....\n\nHope all works out...Yukoneze
538603
yes, you committed a murder, you know you might even be able to be sued for breach of contract as well lol\n\nedit, ok just probably not, how do you know that person that hired you wasn't an undercover cop or something trying to get scumbags like contract killers off the street?
806925
If you mean he fast talks them out of things, that's one thing. If it's an actual swindle, that's something quite different -- and something quite illegal. If you are sure of your facts, you can report him, either to the police and/or the better business bureau, but it's hard to make a charge stand if the people he swindles are happy about it. How does he manage that?
721140
Well it's not employee's, it's management. \n\nTwo things are proportional to volume of transactions and they are errors and the size of errors, secondly there is opportunity and/or concealment of fraud.
1128293
You'd most likely be called a sales associate.
1068191
It can't be handled in one trial.  Theft is criminal, and malicious prosecution and breach of contract are civil.  The DA won't touch them.  If you don't have a lawyer to bargain with the DA, then your best bet is to sit tight, gather your evidence, and defend yourself at the criminal trial.  If the DA wins, your case may be sunk; but if the DA loses you will be in a better position to sue the witness whom you believe lied.  You can sue in civil court, and you might be able to sue in Small Claims without a lawyer.
744268
Hi David\n\nI don't think fraud would do it but I think misappropriation of funds would possibly do the trick, and a few of the juicy niceties from the Companies Act and associated legislation would not go amiss.
1073620
Yes, he does, which is why most people do not ship the item to the Buyer until the check has cleared.  He should call the police in the area that he sold the item, as well as filing complaints with Paypal, Ebay, and the onine fraud center.\nYour brother is out of luck, and will have to repay, sorry
738905
Yes and the money should be returned to the company. This should be outlined in your Articles of Organization or a Code of Conduct. The use of Company funds or assets for any unlawful or improper purpose should be strictly prohibited.  Every associate is personally responsible for all Company funds over which he or she exercises control. Company funds are to be used only for Company business purposes.  Associates are expected to use their judgment to act at all times in the best interest of Companies and to avoid conflicts of interest.  A "conflict of interest" occurs when an individual's private interest interferes in any way or even appears to interfere with the interests of the Company as a whole. A conflict situation can arise when an associate takes actions or has interests that may make it difficult to perform his or her Company work objectively and effectively. Conflicts of interest also arise when an associate or a member of his or her family receives improper personal benefits as a result of his or her position in the company.  If you have any questions as to whether or not a certain action represents a conflict of interest, contact an Attorney who specializes in Contracts or Business Law.
804885
No.\n\nAsk to speak with the manager or supervisor because it is whatever transaction comes in first not by amount.\n\nBe persistent. If that is their policy, let them know you didn't know and to let you see that policy in writing.\n\nGood luck.
655239
potential identify theft of the company's customers opens a pretty big can of worms, liability-wise.
276751
Well, the question is going to open up a big bag of worms. Did you know that you can dispute any charge to your card within 30 days, and they wont pay or incure the charge on your card. However, if it is a signed slip, they just match it with your signature(s) on file from the application and prior charges. Now, if something is unsigned, that would depend on the how the charges were incurred. Home solicitations, ( over the phone ), they are suppose to go through a series of questions to make sure you are who you say you are, problem is, these companies are more than happy to just charge it, and get the sale. That opens a whole legal battle on their part if someone did steal a card. Because they didnt do their due process to make sure it was legit. Now, if the "shipping" address is the same as the "billing" address , then they will win.\nYour question can not be answered as easily as you asked because each situation has diifferent rules they go by. Gas stations, all tape their "pump" transactions, and would be very easy to determine if it was you, or not. \nThe answer is, there is no black and white answer, each purchase has different rules they follow.
975971
Happening more and more! What's the amount an what was it for? If they bought something from you in person , in the area where you live,call the local police department, if it was a mail order sale, call the police department in their area, it's fraud.\nOver a certain amount (depends on the state, Utah is $250, Wisconsin $600) , it's also a felony. Good luck!
420441
No, this is an illegal activity.  Taking someone else's product and packaging it under another label is a crime.
997308
They could, it might not be worth the trouble if the amount of money is small.  The Federal Trade Commission and several states have gone after these people for not giving Truth In Lending disclosures and for not being licensed as lenders, so you should contact your State's consumer protection agency or the Attorney General's Consumer Protection Division.
588847
he owes his customers a "duty of care" he is liable for damages to the man get a solicitor and sue his butt off gd luck
269977
You mean if you listed that company as a creditor in your bankruptcy filing?\n\nI think so.  But if you wrote the bad check with fraudulent intent, you will not be safe from criminal prosecution.