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Real Life MMD: Should she fake the claim to her company?

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  • bogwart
    bogwart Posts: 117 Forumite
    Absolutely not. You would be making yourself an accessory to a criminal offence and, if discovered, would face the same penalties as your boss. In fact from what you have said he could blame the entire thing on you and assert that it was your idea. If he decides to sack you for this he's an even bigger idiot than he sounds - make sure you keep a note of all interaction between the two of you.
  • A65Bill
    A65Bill Posts: 1 Newbie
    You should not involve yourself in a fraud. If your boss insists on you preparing the false claim, you should send him an email with a bcc to your private email saying briefly that you are not comfortable with it. He must sign the claim, not you.
    However, what you could also offer to do is to sit with your boss for 1/2 hr to work out the full economic cost of the damaged goods. This will be more than the basic cost of that proportion of the order. He should then submit a claim to the supplier showing the breakdown of the full cost of the claim and encouraging the supplier to improve their packaging.
    You should then suggest that your boss bears this problem in mind before he signs another supplier's contract & should negotiate a suitable method to calculate compensation/recompense for damages in advance.
    There is no need or justification for dishonesty.
    I speak from experience, I lost my job because I wouldn't submit a substantial fraudulent claim for public funds. CPS decided it was not in the public interest to prosecute those who did submit the claim.
  • MSE_Lee wrote: »
    My friend's firm imports goods from the Far East to supply British shops.

    Jobs are hard to get locally
    As others here have said - it's fraud, pure and simple. I suggest the OP's friend asks further up the food chain for affirmation of the boss's instruction. If they reiterate what he says...if she has a conscience she might like to start looking for a more responsible employer. Oh, and she should ensure everything that's said is recorded in email or otherwise in writing, if at all possible.

    Slightly O/T - I couldn't help noticing the irony of the two statements above. Surely the sad state of affairs in this country is that they're inextricably linked? :(

    Do be parsimonious everyone - but do try and buy locally produced merchandise where possible, even if it's a little more expensive. It will save us all money in the long run :)
  • Marco12452
    Marco12452 Posts: 178 Forumite
    Be honest with both parties.
  • pennypinchUK
    pennypinchUK Posts: 383 Forumite
    Your friend is clearly being put in a no-win position by her boss - she should complete the necessary paperwork without identifying herself (therefore doing nothing illegal and/or dodgy), and get the boss to sign/send it in their name. I wonder if the boss will be so keen to claim then?

    Oh, and then she should start looking for a new job.
  • David12
    David12 Posts: 23 Forumite
    Do you have a trade union or professional association? If so, involve them early on.
  • MyOpinion
    MyOpinion Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    If this is how your boss treats your suppliers why should he treat his employees any better. Time to jump ship.
  • Gresp
    Gresp Posts: 49 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    She should fill in the claim form correctly - then if her boss won't sign it, get another (more honest) colleague to.

    Like others have said, she should get any such instructions from her boss in writing, and also mention any such conversations to other people (colleagues, friends, etc). If this does ever go to court, she'll need the evidence.

    If you think of the worst case scenario, this is a no-brainer.

    Finding a new job might be hard, but it'll be even harder if she has a criminal record.
  • marich
    marich Posts: 125 Forumite
    What a pleasant surprise . I am sometimes horrified by the low morality , punitive penny-pinching or encouragement to opportunistic duplicity that I have seen in responses to some of these dilemmas .

    It is heartening to see so many responses advising this person to resist 'The Boss' here . I would echo the advice to :
    a) transfer the responsibility ,
    b) to establish a paper record and
    c) to start looking elsewhere for a new job .

    The individual has been placed in a bad spot and will be put there again if this is 'par for the course' in their workplace . They not only have to preserve their integrity in the short term but have to quietly plan their escape .

    It is probably not a good idea to get involved in exposing the situation to anybody else .

    Good luck to them .

  • It's a clear case of Fraud by False Representation which is covered by the 2006 Fraud Act. I know it's 20% off the stock but how much value in pounds sterling are we talking about over claiming and is it alot to this other business to pursue a claim or make a complaint to police? If it's a considerable amount that you're boss is wanting to over claim then he should sign the form and accept the rap for any criminal offences/arrests that may occur if he thinks the risks are worth it.
    Morally speaking, you mention the far east but which country is it? Some countries in the far east don't have many rights, if any, and this may have far more serious consequences on their lives and livelihood than we see in the UK.
    Personally for me, this is a simple one. If your boss wants to fiddle then he can put his name to any criminal offence and repercussions for individuals in the far east.
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