Ex employer claims I've stolen

Zero65

Hi guys,

I finished working for a company three weeks ago. I had been there for three years and everything ended on good terms until I heard my ex employer is trying to accuse me of stealing in excess of £900.

It's worrying as although I know I haven't stolen from the company I wouldn't put it past my old employer to attempt to forge some evidence that I did as he had been very crooked when I worked for him.

The backstory is this:

I worked in a shop with another member of staff, they were meant to be managing the shop and dealing with customers but their lack of experience meant that I tended to deal with customers more.

I handed my notice in which was accepted. We verbally agreed that I would continue to work for a further 2 weeks and allow him to sort out a replacement and get everything in order. There were no qualms whilst I was working and I finished my employment on good terms with my old boss.

He paid me for the month I worked but didn't pay me holiday money (as we had verbally agreed when I handed my notice in). I spoke to the company secretary about this and she said she would bring it up with him. Stupidly I assumed he'd do it the next payday and put no kind of pressure on him.

Today I saw a suspicious post on his facebook claiming he'd be deceived and stolen from. It wasn't until I spoke to my brother (who still works with him) that he had claimed I had stolen in excess of £900 and pocketed it in front of a customer (I don't know when or who it was).

He then told my brother his job was at risk because of me and told my brother to try to speak to me.

I attempted to speak to my ex boss about it but he refused to take my call, he then text me saying that there was an investigation ongoing and he was unable to speak to me whilst that was happening.

I then noticed on the facebook post his fiancee had posted a comment saying my legs were going to get broken (he then liked the comment).

He has since told my brother there are some orders I charged to the company that shouldn't have been and he's looking through everything. I know his books are a mess and he wont find anything but I'm worried he'll make something up.

Right now I'm not sure where I should be going. I spoke to the police regarding the threats and that has been logged and I was going to try the Citizens Advice Bureau.

My concern is that from experience I know he's a nasty piece of work and he will steal, cheat and lie to get one up on any one. It's so difficult to gather proof for that sort of stuff because he always gets away with it. It just seems like he's going down this route because he doesn't want to pay the remainder of the money.

Any advice would be massively appreciated

Shaun

KiKi

I have no idea what to advise here, other than the practical:
* Print off a copy of those FB posts, just in case
* Do not engage in any conversation with him or his fiancee
* Do not pass information to him through your brother or anyone else
* Continue to pursue for your holiday pay - you're owed it

He has to prove you're guilty, and if it's actually theft then he should deal with it through the police. That shouldn't stop you taking him to an ET if needed to get your holiday pay. Is it a lot you're owed? You only have three months less one day to bring a claim after your last day.

I would keep the two issues separate. Let him pursue his little project if he likes - he can't sue you, or dock it from your work pay, as that's already been paid. He has to go to the police, and I would think the burden of proof is on him.

Well, look at that. Turns out I did have some advice after all. :rotfl: I'm sure someone with some actual knowledge of this stuff will turn up soon.
KiKi

Zero65

We verbally agreed it'd be another months pay. Obviously my concern is that he could contest that. Apparently he's spoken to the police already so I'm just waiting to hear about that. Not really looking forward to what he's going to make up, I'm certain he'll get someone to lie for him. All I guess I can do is put my side of the story down.

I have a few written notes regarding some of his dodgy dealings. I'm just going to note down everything I can.

Edit: Also, thanks for the advice

marywooyeah

definetly make sure you get proof of the fb posts - I work in a law firm and have seen print offs from fb being used in bundles for court hearings.

KiKi

Zero65 wrote: »

We verbally agreed it'd be another months pay. Obviously my concern is that he could contest that.

It shouldn't just be 'another month's pay'. It should be the holiday untaken, pro-ratad over the leave year, and it sounds like you're going to need to keep it that formal, I'm afraid.

If you want I can calculate that for you, as that would stand you in much better stead for a claim rather than any verbal agreement you had. Do you have any evidence of holiday booked and taken?

KiKi

paulofessex

As Kiki has suggested do a screen print of the facebook page. Collate as much info as you can as l would say that you may have grounds for a case of defamation of character etc, there are some legal firms that do take on No win no fee cases. This would certainly be an avenue to take up should there not be any police investigation. This person has already accused you of something to a third party and l would guess that any reference would be tainted also.

Zero65

I'm not to fussed about the difference in money. Over the course of the 3 years of employment I probably had about a weeks holiday. It was such a small company that we kept so many things verbal. I could probably get dates of holiday taken (there'll only be a couple of days). But I never kept anything on record. I guess I didn't ever expect it to come to this. Lesson learnt.

I guess I'll have to see what happens with the police. He's not usually a police person, they don't really have a liking for him to due his past. So it'll be interesting.

I've got a screenshot of the facebook stuff. That was my first thought. It's not as direct as I hoped because it doesn't mention names but obviously with everything else it quite obvious.

jenhug

i wouldn't attempt to contact him regarding the supposed theft. Let him come to you. I'd get your brother to start keeping a diary though.