57,945 posts Posted 25 October 2013 - 06:58 AM You say "found liable" but I presume you mean "found guilty" because you make no mention of any restitution order. The exact causes of action aren't something you need to know in order to contact a civil litigation attorney (and this isn't something you're in a position to pursue without one). Please note that unless this employee is quite wealthy or expects to be, you can't expect to find a solution via civil action. (As a matter of first impression without any relevant info, the damage you allude to indicates a severe lack of oversight, esp. if this person wasn't a high-level officer.) I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 16,194 posts Posted 26 October 2013 - 12:06 PM What Civil action can I maintain against an employee who stole Company`s money and in the process wrecked company operations such as inability to meet its obligaations to clients, mounting interests on bank loans and a near failed business that has resulted in massive staff lay off.
The company may, of course, sue the (presumably) ex-employee for a judgment for the amount the ex-employee stole. Whether the ex-employee would be liable for any other damages depends on the details of what happpened and the applicable state law, and that information is not in your post. The company should consult with a civil litigation attorney about what the lawsuit will cost, what kind of judgment the company might get out of it, and how likely it is that the company could collect the judgment. That latter point is important. If the ex-employee is broke and in jail or prison, then there won't be any current ability to collect the judgment, and who knows when, if ever, the judgment would be collectible.
Note that after the company has made a reasonable effort to collect the amount of money the ex-employee stole, the amount that remains uncollected may be deducted from income on the company's income tax return. A tax professional should be consulted about that. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/227983-employee-fraud/