I've been accused of stealing at work?
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I've been accused of stealing at work?
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I need some advice. I've been working in a gift shop for 3 yr and i ran the shop on my own for the owner. i had to cash up and write everything down on paper. The till was always down for some reason so she'd always tell me to add it on to the cashing up so it all balanced so wen i wrote down how much takings we did on the credit cards i'd add the extra on to that. Now shes in financal difficulty she has now accused me of stealing which on the paper it does actually look like i've taken money and added it on but i was only doing wot i was told to do, i would never dare steal off anyone She has threatened to get the police involved, now im very upset and worried. I've been to CAB who advised me to write her a letter to appeal and i also found out she'd never even registered me as an employee and didn't pay my tax and national insurance so i mentioned that in the letter so weather she'll still go to the police i don't no, i just don't no wots gonna now. Additional Details She said she would go to the police and get me done for it. The only evidence is on the paper no witness or on camera or anything. I've spoken to inland revenue to find out about my tax and they told me it has never been paid and i could report her if i wanted to.
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John W
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Firstly, she cannot PROVE theft, and even if she did manage to get the police to act on her allegations they are not stupid enough to get involved in this one without proof..
Firstly, ASAP contact HMCE (Her Majesties Customs and Excise) and report her for not paying your PAYE tax
Secondly, Contact your Local DWP or jobcentre plus and report her for not paying you NI contributions and not paying the minimum wage (This will seriously affect your benefits if you cant find another job quickly)
Thirdly, consult a lawyer regarding her allegations, if you are unemployed you will get legal aid
From what you said above this situation cannot be classed as theft, but at very worst an error made by your employer by not training you for the duties she instructed you to do..
Also contact ACAS who will give you more detailed help and advice (You dont have to be a member, they are really good with this kind of stuff!)
Lastly, DONT GET STRESSED, YOUR EX-EMPLOYER IS TRYING TO BULLY YOU INTO NOT REPORTING HER, SHE KNOWS THAT PEOPLE FEAR BEING CALLED THIEF'S - PLEASE DONT FALL FOR IT!!
At the end of the day the fact that she didn't notice the financial irregularities for 3 years implies that she knew of them and her inaction goes in your favour!!
Good Luck... |
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samhainthirteen
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If the evidence the employer has on you is all on paper, that according to your description shows how you might have shaved off the store's earnings as an employee, the employer has to show that you truly are an employee.
But if the employer cannot prove that you really are an employee of the store-- i.e. with tax and insurance payments made on your behalf-- and tasked to manage the store's money work, then how can the previous evidence be accepted?
I think your employer's dug a bigger hole than she would have liked.
Good luck though, and I hope you get things sorted out. |
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katt121
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She can't go to the police - if she threatens it just threaten to go to the tax man. Don't worry xxx |
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Scouse
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If you are stealing why has she not sacked you? I'd get out ASAP and report her to HM Customs and inland Revenue.
The argument as to if you were stealing or not has no bearing upon her not paying your Income Tax or NI assuming she has deducted it from your pay (otherwise you could be liable) Was she paying you the minimum rate? If I was being accused of stealing at this rate and was not I'd go for the juggler |
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tom_p1980
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I would let her phone the Police, and see if she actually does. If she does you have nothing to fear, explain you did as you were told and that she is now accusing you of theft, explain you have sought advice to find that she hasn't registered you working there. By the sounds of it your employer has been doing some dodgy dealings so let the Police deal with it. Either way you could be in for a rough ride, but if you have nothing to hide then let the Law take it's course. |
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CCC
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first what country areyou in. when you post a question in english it makes it around the world. many nations and province now have laws on line that is why i asked where you are. by you saying natl insurance i know you are not in the usa.
let me know. i would say this thought knowing about canadas laws if she did not pay taxes on your income and you have records she could be in trouble. |
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veroncia L
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You should start looking for a lawyer. And get proof in writing that she never registered you as an employee. If you can't afford one try a legal aid lawyer. |
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tech guy
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Don't worry...She is just trying to scare you...She won't go to the police because she has no case....She's the one who won't be believed since she has not reported you as an employee.....If you want you might get her for unemployment benefits... |
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JFK
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The reason she told you to do that is because she was probably skimming the till herself.
Now she is having financial problems and is looking for a scapegoat.
you should have done what she told you but also added a note that is what you were instructed to do, and have her sign it to CYA, too late now.
Hope it all works out for you |
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tony c
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tell her to go to the police!!-at the same time telling her that she can give her side to the story and you will give yours. she can be prosecuted for false and fraudulent accounting (a prisonable offence). because the bottom line is as the owner of the company she and she alone is responsible for all the accounts concerning the business unless she paid somebody to conduct this task solely (and she would have to list that person as an "accounts manager" or financial director" in her books). the police will probably want to go right through her books along with the inland revenue-i doubt this is the only time she has tried to diddle her accounts-better than this go to the police yourself-you have already approached the CAB which will re-inforce your case (would you have gone to them if you had something to hide?) and explain everything. also not registering an employee nor paying their tax and NI is also an offence which would be proved by the fact there was no registration and as she has accused you of stealing from her she cannot very well deny you worked for her can she?-don't let this woman blackmail you into beleiving you have done something wrong-you havn't-you were misled into thinking all was ok. explain all the above in a letter then ask her if she still wants to go to the police (what she is trying to do is get you to carry the can-DON'T) if she still says she's going to the police then say "ok see you in court" if it goes to court all the above explained won't look good for her will it? i doubt she will bother you again-if she does good luck and keep me posted.
good sound advice from john w-you would do well to follow it.
and asteroth-there is a young girl here scared out of her wits asking for help-is that the best you can offer-you are an idiot! |
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Kirsty
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Don't worry about anything. She will be in alot more trouble than you will ever be =) |
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Tinker
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Let the jobcentre know whats been going on , you might not be the first shes done this to..
Also the local tax office might welcome a call ..
If this is her way of running a business its no great surprise she now has problems is it? |
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Ron N
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You have options here, quite a few actually..
1. Sit down and consult with an attorney,,, I'm sure somewhere
in your legal justice system you have a half our rate,. Before
seeing this attorney, right down all the facts as you know them. Listen to this persons advice.
2, Should you choose not to,,, then this is plan B.
Send this store owner a certified return receipt requested
registered letter, In this letter you outline what you have been
doing for the past 3 years, chapter and verse.
Advise this owner you are going to contact the Internal revenue services for your country, You are going to ask
them to look into why this person has had you off the books
for three years.
From my experience I can tell you this owner was stealing
from herself.. and is trying to claim an outside theft,, Hoping to go against her insurance company, should she be insured.
You have done nothing wrong in the context of the situation
you have entered here.
Listen to your counselor should you employ one,
Good luck. |
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joan k
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She han't got a case so don't worry. She has been defrauding the Customs and Revenue by not paying your tax, I wouldn't be surprised if she has also been defrauding over VAT. Report her right away and put yourself in the clear otherwise the txa man will be after you for back tax. Also report her to the Job Centre for failing to pay the minimum wage. Good luck. |
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Wendy H
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Have you looked at what she has actually done to you.
By not paying you properly, taking NI and tax out failing to supply a wage slip as proof of your wages, the long term harm she has done to you.
If your ill and needed sickness benefit, as you have no NI contributions you will not be eligible.
You have not paid into your pension pot for three years, this will affect your old age from the date you retire until you die.
She failed to pay you the minimum wage.
Now she wants to label you a thief as well.
Let her go to the Police.
In the meantime I suggest that you get legal advice and make a claim for unfair dismissal.
You also have a right to a pay packet, which she has not supplied you therefore need proof that you did actually work there, maybe affidavits from regular customs or other shop owners next door to say they saw you working in the store.
I would not allow this one to go away you could be heading for a very poor old age thanks to this woman. |
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fukingruvin76118
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If she threatened you with the police, then threaten her with the IRS! Her misguidance on proceedures when the till was down was her instructions you were just following orders. Which can technically constitutes Fraud, which is illegal. She is in as much trouble as you. Oh yeah you can also report her to your states Labor Commission! |
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helsham
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A lady just accused me of stealing a bracelet, tha last time I was at her place to work was 3 months ago, she just found out she lost it and she called my office ( I work at her place doing cleaning) and then called the police. I resigned because of this accusation and now I don't know what is going to happen in relation with the police estatement she did. Are they going to contact me? there is no proof of anything and I didn't see that item. I was working for her for mor that 2 years, 1 hour every week, and she was always there. |
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