Can they look for this much compensation?

MrsMixer

Over 2 years ago I was dismissed from my job because I stupidly stole items. I was questioned by the Gardai & received an adult caution a year ago. The evidence that was against me amounted to between €200-€300. Now Today I received a letter in the post from my Ex-boss saying he wants to be compensated €10,000 for loss of Goods etc Can he do this & what can I do. I thought this whole mess was over when I received the Adult Caution

Peregrinus

The Adult Caution concludes any criminal proceedings against you, but as a civil matter your boss can still sue you for damages. It will be up to him to show how much you took, and how much that cost him directly and indirectly, but his is not limited to the specific items which formed the basis of the criminal charges. If in fact you took other stuff that wasn't mentioned in the criminal investigation but he knows about it or has found out about it, yes, he can include that in his claim against you.

Basically, the business of being prosecuted by the guards for theft, and the business of being sued by your boss for damages for stuff you took, are entirely separate. The possiblity of prosecution has been dealt with, but the possibility of being sued remains. Talk to a lawyer. Your boss may be trying it on in terms of the amount he is claiming; on the other hand, you may want to make a more realistic offer of compensation to settle this.

MrsMixer

Thank you for your reply. I went to my solicitor & he told me to offer €600 to be paid over a period of 3 months If he does not accept this I dont have a clue what to do as I am unemployed (yes through my own fault) & with regular household bills etc I cannot afford anymore. If he brings me to court & still looks for this amount & is granted it will I go to jail if I am unable to pay (which Im not)

SB2013

The question is how much was actually stolen. If the amount stolen was 10k I cant see why you would think he would be happy with a mere 600. I'm sure there's plenty of arrangements that could be made to pay it off over a longer period.

RUSTEDCORE

The basis of law here is that someone who suffered a loss must be made whole.

Basically he will get reparations (payback) to the value of whatever he can prove he lost. He must have legally binding documental or eye witness evidence.

He could however in addition sue you for something like damaging the businesses reputation.

Most likely he will only get the 600 if thats all he can prove you stole.
In court be apologetic, dont make excuses and have some notes prepared
at the very least a list of everything you stole and if it was stuff like a computer write down how long it had been at the workplace as the value drops over time or check the second hand value on ebay.


The problem is your lawyer will probably cost more than anything especially if your former boss wants to mess you about.

Procrastastudy

Happy to be corrected but I don't imagine an adult caution would be used for theft amounting to 10K.

SB2013

Procrastastudy wrote: »

Happy to be corrected but I don't imagine an adult caution would be used for theft amounting to 10K.

It may be a case that the criminal charge was for a smaller amount but the actual sum taken over time was much bigger.

Procrastastudy

SB2013 wrote: »

It may be a case that the criminal charge was for a smaller amount but the actual sum taken over time was much bigger.

Fair point - I still think someone is flying a kite.

MrsMixer

The evidence that I seen when questioned by The Gardai was between €200-€300. I took small items over a period of 6mths which may have amounted to more but I know it was no where near €10,000 not even the €600 that I am offering him. When I was dismissed from my job I had to attend a displinary meeting which was attended by myself, my boss & a security person he hired, the only evidence that was produced was the same as what the Gardai had also during that meeting The security man who done all the talking said my boss didnt want to The Guards & that my boss should be compensated €7,500 to which my boss said in his opinion it should be more & thats when the €10,000. I couldnt pay it then so thats when I was reported.......What I want to know is if this does go to court & suppose he wins & is granted €10,000 or even half that & I cannot pay this (which I cant) what will happen, I dont own my house, property, land or a car

SB2013

Did he say what he believed he be compensated for? Sounds like a shakedown to me. Get a solicitor.

seb65

If it was over two years ago, isn't the statute of limitations for a civil suit 2 years?

NoQuarter

seb65 wrote: »

If it was over two years ago, isn't the statute of limitations for a civil suit 2 years?

Entirely depends on the cause of action.

OP something is not right here, you cant get an adult caution for theft if the value of the items is over 1k.

I still dont understand where the 10k figure is coming from, can you explain that OP? If you say its 200-600ish worth of goods, did you not question why he wants 10k?

That should be the first question answered.

jd80

As above - where is the sum of 10K coming from?

Was this simply stated in the letter from your previous employer?

Was there a breakdown of, or reason(s) given for this amount?

To be clear, did you just receive a 'letter' from your employer or his solicitor or rather a stamped civil bill (=summons)?

ResearchWill

It is possible for a 10k case from a €200 theft case. Example one employee business, for a criminal case AGS believe there is only enough evidence on one count so that is the charge. Business owner can show €10k is missing (remember lower standard of proof civil cases) so the business can bring a claim for all missing money, if the court finds that on the balance the money is missing and the defendant did that it then judgement is given. Depending on the facts and evidence it could be a hard case for the plaintiff to win.

CIARAN_BOYLE

ResearchWill wrote: »

It is possible for a 10k case from a €200 theft case. Example one employee business, for a criminal case AGS believe there is only enough evidence on one count so that is the charge. Business owner can show €10k is missing (remember lower standard of proof civil cases) so the business can bring a claim for all missing money, if the court finds that on the balance the money is missing and the defendant did that it then judgement is given. Depending on the facts and evidence it could be a hard case for the plaintiff to win.

I think this is the key thing, there has to be evidence beyond a reasonable doubt for criminal cases, civil cases only need for the balance of probability to be in favour of the plaintiff.

Are there other things that can bring up the amount they want for compensation.

It sounds like your employer investigated internally, maybe he wants the costs he payed out to investigate covered.

Best thing to do is to make an offer to pay an amount, this will guarantee that if it goes to court and you 'lose' but have to pay an amount lower than your offer you won't be stuck paying the other guys solicitor.