I am an employer and fell i have been a victim of fraud by an employee that has now left...where do i stand in regards

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Customer: hi, i am an employer and fell i have been a victim of fraud by an employee that has now left...where do i stand in regards ***** ***** her ( if that's the term) for money lost by her ?
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: auckland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: im not sure, i guess i can answer that when i talk to one
Answered by Chris The Lawyer in 13 mins 11 months ago
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

Did the employee steal from you or did she do something which cost you money to fix?

Customer
hi, yes the employee did stewal from me.
Customer
steal
Customer
in short..i feel like i've been a victim of fraud. sadly she has put in a PG and these processes favour the employee. i've invested over $40K setting this business up that she said she was qualified for but ended up not....how do i get my money back as I'm a victim ?
Customer
Hi
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Chris The Lawyer, Expert

Do you have evidence that she actually took money from you? Was this a misrepresentation by her rather than theft. Did she say she was qualified but was not up to the job? Did you fire and did you follow due process?

Customer
she left on her own......yes she took business and diverted the money to her personal bank account ( yes i have proof) she said she was qualified and defiantly was not....it was not a mis repersentation she planned now looking back?
Customer
sorry yes it was a mis representation on all levels
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Chris The Lawyer, Expert

If you think she behaved badly, you can bring a claim against her in the Employment Relations Authority for those issues. If she is bringing a personal grievance claim saying she was unfairly dismissed, you can bring a counterclaim for those issues

Customer
is the counterclaim done through employment or a lawyer like you?
Customer
Hi
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Chris The Lawyer, Expert

You should instruct a lawyer

Customer
would that be you ?
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Chris The Lawyer, Expert

Claims like this need to be properly prepared with solid evidence. If this looks like an attempt to avoid her personal grievance claim for wrongful dismissal you do need to be very careful

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Chris The Lawyer, Expert

You can instruct someone like me, but off this site

Customer
no it's not to avoid as i will go through that process..........right from the start i've been a victim of fraud, this business personally cost me over 40K and climbing .....she mis lead me from the start........what are my options ?
Customer
no problem to be off this site??
Customer
Hi
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Chris The Lawyer, Expert

You can try to settle her claim at mediation or go to a hearing

Customer
sorry i don't understand...hers i have under control as i'm with employsure......my questions are what about me...i have been a victim of misleading fraud.....i want my investment back, is that possible, or what are my rights??
Customer
Hi
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Chris The Lawyer, Expert

If you have insurance they will appoint a lawyer to help with her claim. But you can ask them to consider the counterclaim when you are preparing your defence

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Chris The Lawyer, Expert

If you believe that she did things which have sabotaged your business or caused you loss, then you need to carefully prepare the evidence about what she did or not performed.

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Chris The Lawyer, Expert

If you believe that she did things which have sabotaged your business or caused you loss, then you need to carefully prepare the evidence about what she did or not performed.

Customer
ok sure...so this would be done through employsure as a counter claim?? not through a seperate lawyer ? ( sorry its just understanding the processes)
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Chris The Lawyer, Expert

You first need to talk to them about whether they are prepared to take on the counterclaim. The counterclaim must be heard in the Employment Relations Authority. If they won't take this on under your insurance, you would need a separate claim with a separate lawyer

Customer
ok sure , is this a job for you ?? im in auckland ?
Customer
Hi
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Chris The Lawyer, Expert

I could look at this, although I am Wellington based.

Customer
do you think that would be a problem you being in wellys?
Customer
sorry for the ??. i'm just racing out the door to work so was wanting quick answers
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Chris The Lawyer, Expert

These cases are often online through Zoom or similar because of Covid, so location may be irrelevant

Customer
ok cool, what are the next steps, shall i phone you monday ??
Customer
Hi
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Chris The Lawyer, Expert

If you email me at***@******.*** I can send you my retainer and costs

Customer
wonderful i will connect now and we will go from there, thanks
Customer
just emailed now. chat soon as racing to work
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Chris The Lawyer, Expert

Great, seen the email, will contact on Monday

Customer
sounds great, thank you
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