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Can my boss sue me for unintentional bookkeeping errors Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Procedure, Criminal Court' started by mitboz, Mar 7, 2011.

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  1. mitboz

    mitboz Law Topic Starter New Member

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    I work as a bookkeeper. At least for now. Bookkeeping was not what I was hired for; I was hired as a receptionist 10 years ago and then had other duties added as time went on. 5 years ago the boss asked me to take over the books so he could move the person who did the job before me to another section of the company. I have no bookkeeping certification or formal bookkeeping training. It is well known by the accountants that review the books bimonthly that I continue to make mistakes which they correct. They (the accountants) have told my boss I continue to make mistakes at which point he just yells and says fix the #$%! accounting. I am not qualified to do this work and have said so numerous times. My boss just does not want to hire a qualified accountant fulltime. Our company receives management fees for managing other companies we are general partners of and others the boss is just a member of. There is constant moving of funds between theses companies for management fees or payable we charge these companies related to managing them. This year the accountants located a mistake I made. I overpaid a management fee by $4600.00. I am willing to pay (monetary) for my mistake but I am worried my employer may have grounds to sue me or bring criminal charges against me for this mistake as his company would have to pay the fee back to the other company even if I pay him back. The mistake was not intentional, it was on the books the whole year, and it was just discovered in the past month. I do not want to go to jail for making 1 stupid mistake that I am willing to pay for. Please help!
     
  2. army judge

    army judge Super Moderator

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    Yes, he can sue you.
    Anyone can sue anyone they choose to sue.
    Will he recover?
    Highly unlikely, if all you say is true.
    If you're worried, you might want to consider other employment.
    Can you be held criminally liable?
    Now, that is hard to say.
    Again, if you're worried, seeking new employment might be your best choice.
     
  3. mitboz

    mitboz Law Topic Starter New Member

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    Thanks for the quick reply. Aside from the $4600 overpayment error my bookkeeping caused what can he sue me for?
     
  4. mightymoose

    mightymoose Moderator

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    Just because he chooses to sue doesn't mean he has a valid argument to make.
    The boss is highly unlikely to get a judgment against you over your error.
    Is the boss threatening to sue, or are you just worries about the possibility?
     
  5. army judge

    army judge Super Moderator

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    It doesn't matter what he sues you for, if things are as you report.
    It is doubtful that he could recover, unless he can PROVE what you did wasn't a mistake, but was something sinister.
    However, if he goes to the authorities (police), he might allege that you embezzled (or fraudulently converted) the funds.
    I don't know.
    But, if what you've related is accurate, you don't have anything to worry about!
     

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