What to do if I hired a manager to make bank deposits for my store but according to cash register tapes there is over $5,500 that has not been deposited over a 4 month period?

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What to do if I hired a manager to make bank deposits for my store but according to cash register tapes there is over $5,500 that has not been deposited over a 4 month period?

My manager has no idea where the money (cash) is. Do I have enough evidence with the cash register receipts to file a police report and try to collect money? She has admitted to losing some deposit money and has claimed other employees stole from the store.

Asked on April 9, 2013 under Business Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can contact the police and press charges for embezzlement based on the evidence you have obtained.  It would ultimately be up to a court to determine whether or not the evidence proves guilt beyond a reasonable doubt for a conviction in the case.

You can also file a lawsuit for conversion to recover the money from the manager.  Conversion is theft.  Conversion is any unauthorized act which deprives the owner of his or her property permanently or for an indefinite time.  A civil case has a lower standard of proof than a criminal case.  The standard of proof in a civil case is a preponderance of the evidence which means more likely than not.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have more than enough evidence to file a police report so the police will investigate. You could also sue the manager to recover the money: whether she stole it, lost it through unreasonable carelessness (negligence), or carelessly let other employees steal it, she is potentially liable for it.


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