Can a former employer press charges against a former employee for personal expense on a company credit card?
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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 6 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.).
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