Q: One of my employees in the accounting department is suspected of stealing from the company? Can I fire him or do I have to give a warning? He is an older gentleman and I don’t want to do anything wrong?
A: It does not sound like you have done anything wrong; instead one of your trusted employees has been allegedly stealing from you. Simply, make sure that you have the appropriate documentation and support for your position and assuming no employment contract is in place, terminate the employee. Employers have the power to terminate employees for any reason absent an employment agreement that outlines the termination methods or for reasons like age, race or gender. And, be sure that you have documentation of your employee’s shortcomings to avoid any problems in the event the employee seeks unemployment benefits. You should also have a company/employee manual that outlines the reasons for possible termination. Each employee should know and understand the policy so that no questions are asked upon termination. Moreover, when discussing the policy, be sure that each employee signs off on its terms and acknowledges receipt.
Q: I have a judgment against someone who did not pay their bills with my company. I sued that person individually and their company. How can I collect it?
A: Generally, my advice is that people who do not have money now will not likely have money in the near future. Consult with your attorney that got the judgment and make sure that your attorney did something to collect on the judgment (i.e. writ of execution) to keep the judgment live. If nothing is done to collect the judgment every 10 years, the judgment can go stale and will likely be unenforceable. It is not uncommon for your judgment to “sit” out there for years and when the debtor refinances his house or comes into money, you might get paid.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
