Do I own to compensate a former independent contractor that worked for me for 8 days but be caught on cassette stealing I own a commercial cleaning business and the guy was caught
I own a commercial cleaning business and the guy was caught on cassette stealing $900 worth of gift cards from the building he be hired to clean. I owe him give or take a few $750 for cleaning, but I had to earnings out of pocket about $1,000 to the client to replace the stolen items. He is threating to transport me to court for the money I owe him, but I don't believe I should have to settle him if he was caught red hand stealing more than what he is owed!
I would not pay him a penny. if he take you to court counter sue him for the 1000 you had to take-home pay the client for the stolen goods.
no mode
Answer:
Is he out of his mind!?!.... Are YOU out of your mind entertaining the idea of paying him!?!?!
You hold the tape; the proof that he be stealing!! File a police report and press charges on him! How dare him threaten you with court behaviour when he is a thief!
go to the police or a attorney and see what your options are. i am sure that him stealing would be principle enough for defaulting and that he would have to reimbursement you what he stole.
I meditate first you should see the police and have him charged, after see a lawyer almost your options.
you may enjoy to pay him and afterwards sue for your re-imbursement in small claims court.
I don't infer you should pay eigher permit him take you to court I don`t know you'll end up getting more money out of him for making you loose working time
Sorry, but if he is a legal hand, then yes you enjoy to pay him.
If he is a self-employed character that you hired as a subcontractor, then NO, don't remuneration him, make him folder a small claims case.
However--Big one here, if he is not really a subcontractor and you own been paying him beneath the table to avoid taxes and insurance costs, beware!! He can go to the IRS and the US Labor Board and brand your life miserable!!
Nothing close to a team of suits from the rule knocking down your door and seize records to put you contained by a good mood.
Technically he be working for you at the time so you should pay him. Granted it's with the sole purpose $750. Then file a police report. The company he stole from and yourself can press charges and hopefully the regard as being will order this individual reimburse you back the restitution he owes. Labor law can and sometimes tend to favor the employee and surrounded by not paying him, might create a separate issue for you. Now, technically this guy is probably a dead-beat and has no money or resources to sue you. It's really up to you how you want to believe to be that level of risk but if it be me, I would lean towards lowering my risks.
File civil charges and do it before he does.
Sue him for your losses plus court costs. If he is smart he will counter sue for the lost wages within which case if both of you prove your defence he will be ordered to pay you $1000 restitution, and you will be ordered to earnings him $750 for services, take away what you own him and you still draw from $250 of your money back.
I suggest this over criminal charges because yes he can be charged next to a felony, but that will most always take reduced to a little bit of nil, and he will most likely not spend a afternoon in intern. He may be ordered restitution to you for the $1000 you lost but odds are he will not settle up and you will still be out and will have gain nothing. With a civil finding you can jump as far as to garnish adjectives wages.
First of adjectives, look at the contract you had near this individual.
2nd of all, why did you recompense the client in the first place.
3rd, why didn't the client/or you enjoy the individual arrested.
Finally, you need to do a better mission screening your contractors.
bottom line, The burglary and what you owe him are 2 separately and exclusively different issues. What has to come about is he needs to be arrested charged and convicted of the crime and own restitution for the stolen property part of his sentencing. but for you will have to pilfer him to court to get your money subsidise. Regardless how this plays out, you are still legally obligated to recompense him for his services.
If you can prove that he stole the merchandise, then no you do not enjoy to pay him. But if you caught him stealing those bequest cards "red-handed," then wouldn't you own been competent to get the payment cards back from him, so that you wouldn't own had a business loss?
My suggestion is to constraint him to turn in the stolen merchandise. Once he does and you are reimbursed, next pay him the $750 since that be the agreement you had. However, purely keep contained by mind the fact that he is very soon ineligible for rehire ever again. With this approach, then in attendance will be no civil court lawsuits/suing, you don't lose money from the business, but you gain a lesson on who you shouldn't hire and/or trust again. However, even if you get reimbursed for the stolen merchandise by the raider, you should STILL be able to press possible criminal charges...at which point you should hold already contacted the police department at the time that this happened!
Talk almost dumb criminals! If anyone should be taken to court it should be your contractor.
File a police report against him for stealing!
Although you run a big risk in not paying him what you owe him (and officially you do owe him), I wouldn't pay him any. But you can't just sit on your butt and do zilch. I would:
File a police report.
Admit that you owe him the money, deduct it from what he owes you, and dispatch him a letter stating so, next to a demand for the $250.00 difference, due contained by a week. After he doesn't pay you, YOU profile a small claims suit against HIM.
The more you do to settle the issue your way out of court, the more the intercede will lean your way contained by court.
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