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travellinggirl
May 14, 2008, 12:26 PM
I have discovered that an employee is taking cash from clients, applying the nett amount to her credit card and pocketing the difference. Which of course, should be given to the company as commission. What is the best way to handle this, I've heard from others that proving employee theft is very difficult and they can bury you in red tape. I am a small business and really need some help. Thanks

ChihuahuaMomma
May 14, 2008, 12:41 PM
Set up a camera. Let the employee(s) know that that camera is there. Try catching her in the act. If nothing else, you prevent it in the future.

progunr
May 14, 2008, 01:21 PM
You will need a witness to be successful in prosecution of this theft if that is what you want to do.

I would "recruit" a mystery shopper or two, have them make transactions with this clerk documenting everything. How much they were charged, make sure they keep the receipt, and then you can subpoena those shoppers to testify at the trial.

You compare the receipt the shopper received, and compare that to what the clerk rang up and you will have the proof you need.

The camera is also an excellent idea and would add to the evidence in your case.

Good Luck!

Fr_Chuck
May 14, 2008, 06:57 PM
Paper trial, credit card tansaction, reciepts given to the customer.

If total sell reciepts are not equaling the money being paid in, then they can be held responsible for the differenece.
First how long do you want them to steal before you fire them,

smearcase
May 14, 2008, 07:17 PM
Its embezzlement and theft. But I don't totally understand. If she receives cash and charges it to the customer's credit card (? ) she is stealing from the customers.

1. Are the rules for cashiers clear? Can you prove you advised her of the rules.
2. I would talk to the police first and let them supervise the "sting". Their word will be worth more than yours in court, and they will have a better understanding of the case.
3. Dependent on her record, she might do some jail time. I read about embzzlement cases all the time and get the impression it is treated very seriously. Its robbery without having to spend money on a weapon.

travellinggirl
May 15, 2008, 09:59 AM
I probably wasn't entirely clear so hopefully I will be able to explain this. The client gives her cash, she books their trip online and pays with her credit card but she only applies the net amount to her card and keeps all the cash. The difference between the total the client gives her and the net amount she charges to her card should be the commission that the agency makes. I hope that made sense. And thank you for all of your responses, I appreciate it.

progunr
May 15, 2008, 10:02 AM
I would think that all you really need to do is have her arrested.

Then, the police can look into her credit card account, show all the charges to your business, and the case should be open and shut.

There is no reason that ANY charges by your company should be on her credit card, right?

Not to mention she is probably getting some type of cash back, or miles rewards for the money she is charging to her own credit card.

This one should not be that difficult to prosecute with her own credit card records or possibly the company records of what card number
Was used for the charges. With your own reports of charges processed on credit cards, you should be able to solve this one easily.

smearcase
May 15, 2008, 10:13 AM
I think the police might want to set her up with some marked bills, then arrest her and show that she had some of the "customer's cash" in her possession, and that is money belonging to the business.

I think the police need to be brought in early so they can see all the facts. If not she will claim you set her up because you have a personal vendetta against her.

If the local police don't cooperate, try the State Police.