Legal Question in Criminal Law in California

Re: Company Liability

in order for vicarious liability to apply to a company based on the actions of its employee, thru a legal theory known as respondeat superior, the most important determining factor would be whether or not the employee was acting within the scope of his/her employment at the time the crime or intentional tort (conversion here) took place. the company will argue that the employee was not "working for its benefit" at the time he or she stole from you, thus they should not be liable for such unforeseeable conduct of the employee while the employee was on a "frolic and detour" per se. however, the courts look at the overall fairness and the ability of the employee to repay you vs. the actual employer in making these determinations in many instances. so, yes, you may have a very strong case against both the employee and employer in your situation here. however, we would need to know more of the circumstantial facts surrounding your claims to advise you of your best legal rights and options in this case. if you would like a free phone consultation, email us directly with your contact information today.

Re: Company Liability

Unless the employee was acting within the scope of his employment or the employer ratified the theft it is unlikely that you will be able to collect from the employer. Notify the district of the amount of the loss, with supporting proof of the loss. The pay back may be slow but you will receive reimbursement with a minimum of effort.

However, you should invest the money necessary to consult an attorney and review the facts of your case.