Can My Dughter Take Legal Action

[andywakey]

My Daughter stole money from place of work,admitted the offence and resigned.The on going internal investigations have revealed how flawed the policy/procedures/security and money storage was.Accounts had not been checked for over a year ! If my daughters line manager had been doing her job correctly and regularly checked accounts under her remit i believe my daughter wouldnt have taken anything.Can my daughter take action against her ex line manager ?I realise this sounds cheeky but there are other circumstances involved and given my daughter is now left with very little /no job etc etc,she accepts she made a mistake but i think some of the responsibility lies with her ex line manager for being relaxed in her duties ?

[Prudie]

Cheeky? that is the understatement of the year. So if I leave my house unlocked a burglar can take action against me for putting temptation in his way? I don't think so.

[woofgang]

Not a legal eagle but i don't think "look what you made me do" is a defence in law and if your daughter tried to get this one through court she would get it chucked out. If she understood that stealing is against the law and did it anyway, whatever her needs or motivation then flawed policies or failure in supervision is no excuse.

[factor-fiction]

Were the police and courts involved? If not then she should be grateful.

[ummmm]

Wow...you really think there's a chance of taking action against someone else because your daughter is a thief?

[barney15c]

I don't think you are going to find many people sympathising with this....your daughter was in a position of trust (are as so many other workers - the majority of which would not consider doing such a thing). Its like saying im going to sue because 'you put temptation in my way'. If her line manager was lax then its up to the company involved to deal with that issue not for you/her to egg on the company to dicipline/ sack the line manager just because your daughter got caught.

[barney15c]

Also she was given the opportunity to resign rather than be sacked..i think that would make a difference if she was to apply for another job (correct me please if i have this wrong). Like has been said before it sounds that the company was rather lenient and could have easily involved the courts.

[andywakey]

hmmm ok guys thanks ...only in America

[China Doll]

I am able to authirise certain things on my departments budget, no one particularly checks up on me; I don't abuse the priviledge because it wouldn't occur to me to do so!

[FredPuli43]

Think the lawyers would use a more forensic and stronger word than 'cheeky'! She stole from her employers, an instantly sackable offence, and one which, if prosecuted, should mean instant jail because it is a breach of trust. The courts take theft of cash from an employer very seriously.

[woofgang]

lol Fred "forensic and stronger" is that law speak for expletive?

[Brinjal]

It never fails to amaze me as to how people cannot take responsibility for their own actions and want to blame someone else.

[factor-fiction]

I know we are all pretty much of one mind on this but given that we've already had 2 suspensions on AB this afternoon it might be worth reminding everyone of the following 'warning' on Law section.

"Please refrain from being rude, abusive or judgemental - members come here for advice, not judgement! Members who offer only moral judgement will be suspended.

[woofgang]

who was the other one?

[factor-fiction]

The other suspension, woofgang? Desktop and Connemara

[woofgang]

oh there's a surprise....

[sandyRoe]

They did put temptation in her way. Could she consult one of those no-win-no- fee solicitors? It wouldn't cost her anything and you never know.

[Zacs-Master]

Unbelievable.

[Old_Geezer]

I would expect the company would be taking action against those who failed in their responsibility to ensure security, as a separate issue. That said, security is every employee's responsibilty, up to a point.

I admire your courage in asking the question though. I hope someone gives your girl another chance soon, and she has the sense to make the most of it. That she can put it behind her as one of life's lessons.

[jno]

sounds rather like the guy who killed his parents and then pleaded for mercy because he was an orphan. I don't know what action she might take; the company itself may choose to do so, having discovered laxity in its book-keeping, but I doubt your daughter would convince anyone she personally was somehow a victim of entrapment.

[FredPuli43]

Woofgang, barristers' language for the ultimate insult is "With the greatest respect". As one old judge said to counsel: "If you say 'with the greatest respect' to me one more time, Mr Smith, I shall hold you in contempt of court". In this instance I'd be saying "With the greatest respect, Mr Wakey, are you expecting me to put that ?"

Proper swearing is reserved for the robing room, though it is sometimes necessary to use the worst words to the client because that's the only language he understands.

Another expression you may hear is "Your Honour, I am instructed to say..." which means "I don't believe it, I don't expect you to believe it and my client doesn't believe it but thinks it's the best lie he can come up with"