Can a former employer press charges against a former employee for personal expense on a company credit card?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a former employer press charges against a former employee for personal expense on a company credit card?

I recently left my job due to un healthy work environment and having to deal with medical issues. I resigned and my boss was less than happy. Now 2 weeks later I get wind that he is getting a lawyer and suing me for ‘All’ the charges that I have made on the company credit card. The only thing I can think is over the time that I was there we had a linked amazon account so maybe a couple things got charged to the company card instead of my personal card on accident. Perhaps I’ve used the company card instead of my own on accident but i don’t recall anything and now this news has me racking my brain. Lastly the other thing would be food expenses that the company was aware of and I was told to do. We left on bad terms because of the volatile situation and him not wanting me to leave, so I feel like he might just do this out of spite. I had never heard any problems that he had with me before and I have reviews written by him stating how great of a worker I am. I am not sure what all he is going to have as a case but how would this situation normally play out?

Asked on August 4, 2017 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While you may not have charges pressed against you for legitimate business expenses (even if you did then leave on bad terms), using a business card for personal expenses is technically theft: it is not different than if you took an equivalent amount of money from company accounts or petty cash for your personal expenses. They would have to be able to demonstrate to the authorities (provide evidence of) the specific charges that you made for personal purchases, but if they can, you could face charges, particularly if those personal expenses are not ones in the "grey" area (e.g. say your company ordinarily allow meals to be charged on a business trip but not liquor, but you ate at a pub and charged a few drinks, too--the police would not bother with that) but are rather ones where clearly, it was unequivocally a personal use--e.g. buying things from Amazon which were clearly not for the business (e.g. clothing, books or games for yourself, etc.).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption