As the general manager of a local restaurant, can I prosecute a former employee for credit card fraud?

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As the general manager of a local restaurant, can I prosecute a former employee for credit card fraud?

A customer called to inform me that her credit card was charged more than what she had recorded. While looking into that I soon discovered that an employee was forging credit card slips to make her tips larger than the customer intended. The investigation shows that it was going on for 3 months totaling $290.64. When I terminated her she did state that she does intend to make full restitution as soon as possible, and I believe she will make good on her word. But, if for some reason she does not, what are my options as far prosecution?

Asked on August 17, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to bring a lawsuit against someone or file a criminal complaint you have to have standing to do so.  Standing is the legal authority to be able to file the complaint or bring the suit.  Although you may have standing, I highly doubt that you do.  The owner of the restaurant has the ability to sue the former employee or file the complaint.  You can, though, be the one to appear as a legal representative of the restaurant (you can be given an affidavit or POA for this limited purpose).  Your name can not just be the one in the caption to bring the suit on behalf of the restaurant.  And if it is a corporation then the corporation has to be the one suing.  Good luck. 


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