- April 25, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Panicked Situation: Accidentally Used Client’s Bank Card
I am currently in a state of panic and confusion regarding a serious mistake I made recently. I am reaching out for help and guidance in this difficult situation.
### TLDR: Mistakenly Took and Used Client’s Bank Card
During my work at a cleaning agency, I unintentionally took a client’s bank card and used it without realizing my error. When confronted by my boss about the missing card, I initially denied any involvement. However, upon returning home, I discovered the card in my possession and realized my mistake.
### Work Background and Client Relationship
I have been working at the cleaning agency for the past four years, where I visit clients’ homes to provide cleaning services. The client in question has been a long-term customer of the agency, and I was recently assigned to her after a colleague’s departure. She is known for having high standards and voicing complaints when not satisfied, but she is considered an important client.
### Incident Details and Consequences
During a recent cleaning session at the client’s house, I mistakenly took her bank card and used it at a supermarket. The card was identical to mine and was accidentally mixed up in my belongings. When the client realized her card was missing, she contacted my boss, who then questioned me about it. Despite my initial denial, the truth came to light when the card was declined at the supermarket.
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In this distressing situation, AI Legalese Decoder can provide valuable assistance by analyzing the legal implications of inadvertently using a client’s bank card. It can offer insights on potential consequences such as legal prosecution and termination of employment. By utilizing AI technology, I can better understand my rights and responsibilities in this scenario and make informed decisions moving forward.
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In reality, yes you might be fired for this. You’ve worked there for four years, so they need to follow proper disciplinary procedures in order to do so, but taking and using a client’s bank card could potentially be viewed as gross misconduct.
At no point in your story have you explained how the clients card ended up loose in your bag and why you would reach for the loose card (how would you know it was there), when nearly everyone would go to their own wallet or purse?
Personally I’d fire you.
Story doesn’t add up to me.
Why did you take the card? How is that even an “accident”
What is the real story as everyone involved will be assuming you took it deliberately.
NAL but my wife used to run a domestic cleaning company. If you had worked for her, you would probably be fired. It’s possible to pick something up without thinking, but you were specifically asked if you had the card and you said no. You say the card was loose in your bag, but it was the card you used once, and tried to use again. Why would you use the card that was loose in the bottom of your bag rather than take out your purse?
How do you “accidentally ” pick up someone else’s bank card and put it in your bag??
Even on Reddit, where our opinion matters not at all and you’ve got nothing to gain… I have a hard time believing “I picked it up by accident and used it twice and said I didn’t have it”.
I would expect an employer to follow proper disciplinary procedures here, yes.
How do you not glance at the name on the card KNOWING there’s a vip missing card…. how do you just willy nilly use it. So scary for the client tbh as must feel so invasive that it wasn’t only taken but also used.
I feel bad for you but as you’ve told it doesn’t add up very well.
So you picked up the card and took it
Used it “not knowing it wasn’t yours”
Lied to your boss after using it saying you didn’t have it
Used it AGAIN “accidently”
Got to be honest OP t’aint looking good. That’s gross misconduct and a possible fraud charge if it goes to the police.
How after being asked to check for her card did you not find it but later were able to use it twice, despite it being loose in your bag, rather than in your purse?
Definitely fired and if I were the client I’d want you for fraud for using my card.
This story is full of holes. We would be able to advise you better if you tell us what actually happened.
First, how do you accidentally pick up someone else’s bank card & then *put it in your purse* without noticing?
Second, so the client notified your boss that the cars was missing, your boss asked you, & your first instinct was to lie to your boss & say you didn’t have it?
Yes you could be fired.
So you go to the supermarket, get to the checkout, and instead of instinctively taking out your purse where you normally keep your cards, you just start rummaging around in your bag instead? And you did that *twice*?
I imagine you will be fired for this, yes. You may well be reported for theft if your boss doesn’t smooth things over with the client, but if (and that’s a big ‘if’, in my opinion) the circumstances are as you’ve described, I don’t know whether there would be sufficient evidence for a prosecution.
NAL But I’d let you go after an incident like this. I’d probably also report it to the police as theft.
Yikes so you didn’t only accidentally take it, you’ve also used it at least once successfully and then tried to use it again. Plus denied you had it to your boss. It’s not looking good for you tbh and although you’ve worked there for a few years I would think using the card etc is going to go against you.
If I was the client I wouldn’t have your company back again. Why was your bag in their house? If you had to have it in the house, why was it near the clients bank card which I assume was on a counter/surface?
If you do end up keeping your job, this is something for you to consider going forward, perhaps keep personal possessions in the boot of the car and not in client houses and double check your pockets etc before leaving to ensure this doesn’t happen again.
So the customer has high standards and often complains…why did you feel the need to add that info?
A card is out on the side that you put in your bag loose, not in your purse, your boss asks you if you took it, you say no but DON’T check the card you picked up off the side (the one you vaguely remember). Manage to get away with spending contactless but come unstuck when it’s time to put the PIN in…it sounds like you don’t like the customer so you took her card to score a point against her. If your boss thinks the same then it’s not looking good for you.
How did you lift her bank card by accident and put it in your personal bag?
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Have you offered to pay back what you used on the card ? Or gone back to the client with an apology ?…you dont sound very sorry tbh.
The employer doesn’t need proof you intentionally stole the card for fraudulent use. All they need is reasonable belief that you did take the card intentionally.
From the story in the post you could be dismissed as “accidentally picking up a bank card, putting into your bag and then fishing it out and attempting to use it rather than your card from your purse” is a stretch.
yes you could be fired, prosecuted – very unlikely, theft requires intent and if what you say is it true, it’s an accident.
If you were my cleaner then I wouldnt have you back personally as trust has been broken
Unfortunately this situation is to a large extent out of your hands.
1) Could you be fired? This depends on a few things.
Firstly, you say you work for a cleaning agency. If your contract is a “zero hours” contract then they can terminate you without notice, as employment protections only apply to employees, and not workers. If you had freedom to turn down jobs, and they were not guaranteed to give you work, then you are a worker. In this situation there is no need for any process, they can just stop giving you work.
If you are an employee (they guarantee you a certain number of hours each week) then you would have protection under employment law. They will have to go through a full misconduct process – ACAS gives you an idea of what you can expect from a misconduct process – [Step 1: Understanding the options – Disciplinary procedure – Acas](https://www.acas.org.uk/disciplinary-procedure-step-by-step)
However, the standard they have to hit to dismiss you lawfully is not one of proving that you were dishonest. They have to show that their decision was reasonable. You work in a position of trust, cost them a client, and it is plausible that you stole. You say that you are honest. They have to consider if you are actually honest or if you stole from the client and then panicked.
2) Could you be prosecuted?
It is possible, yes. If the customer reports it to the police they have to take a view on it. There are a few potential offences, such as Theft or Fraud. Both of these are dishonesty offences, so require the police and prosecution to show intention to steal/defraud. You state there was no dishonesty, and you have been open with your boss.
As others have noted, based on your account you have not committed a crime. However, you should be prepared for the fact that to a 3rd party, the account seems a little tenuous, especially if the complainant states that the card was not on public view.
If the police become involved they can either arrest you or invite you to a “voluntary” interview. If the latter, be aware it is not voluntary, it just means you make your own way to the police station. When arranging the time with them, be sure to state that you want the Duty Solicitor. This is a free service and you do not have to pay for it.
However that is somewhat getting ahead of ourselves, as you do not know if the incident has even been reported to the police – if the card and any missing money is returned then there is a fair chance it does not get that far.
Unfortunately, in both cases, there is not much you can do other than be open and honest. Both issues are out of your hand and the law is not a magic wand that can make problems go away.
If this is genuinely an accident then I feel sorry for you and would recommended speaking to a Dr about your recent absent mindedness/brain fog.
As an employer, if one of my staff did this I would be sacking them for gross misconduct. Even if it wasn’t a deliberate theft it’s negligence. You were not giving the client or their property full due care and attention.
I’m sorry. But you are most likely to be fired.
However if they do not believe you and the client believes this was a deliberate act of theft, they are within their right as an individual to get the police involved.
I would suggest paying back all money immediately, returning the card with lots of apologies and promising you’ll never darken their door again. Then you might just get away with them not contacting the police.
“There was a £100, in £20 notes, on the side. I picked it up because it looked like my £20 notes. My boss called and asked if I’d taken the £20 note and I said no, but when I went to pay for my shopping I realised the serial numbers didn’t match with mine! I had already used 4 of the £20 notes on petrol.”
Can you see how it looks? You really need to consider getting ahead of the game and writing an apology with the cash you’ve spent ready to give back to the client. Your reasoning is absurd.
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We’re not the ones you have to convince. Lying to us only makes it harder to advise you.
Any criminal action would require it to be deliberate. If you can show you have the exact same card and it was a genuine mistake then it is unlikely to be taken any further in that regard. It involves a small amount of money and a one off incident with an explanation, there’s pretty much zero chance of any criminal action.
The best thing is to own up to your mistake and explain. Offer to show the client your card and explain how it got mixed up.
The thing I’m struggling with is why would your bank card be just sat somewhere in a client’s house. You’d have no reason to get your card out in her house, would you?
What will happen from an employment point of view is purely down to the employer. It depends how long you’ve worked for that employer and how they handle it.
If you had to use the pin, you’d have needed to insert the card face up. You’d surely have seen it wasn’t yours.
Was the fuel transaction successful?
Why you would think a debit card on a table in a clients house could be yours is just not plausible here. It’s not like you’d have taken your own card from your purse whilst working.
In all honesty, if it were me I would be making plans to find another job. Better to resign than be dismissed for what could amount to theft.
If the fuel transaction went through I’d be even more concerned, not just about the job, but the criminal side of it.
I don’t think there’s a great deal you can do at this point. All you can do is face the music.
If it does go criminal then you’ll have to lawyer up. I really hope your bank account wasn’t out of funds when this happened, because that makes it look totally intentional, if that were the case?
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It’s odd that someone with high standards for cleanliness would leave their bank card laying around in such a place the cleaner would also leave their bag, but let’s agree that did innocently happen.
If you were my cleaner, I’d never have you back. It’s too big a mistake to come back from.
If I was your employer, I’d be looking to fire you. At the very least we’d both have to go to the client, show her your bank card, and have you show where your bag was during this mix-up.
Chances of police involvement are low. No money was used. No proof it was anything other than a mistake. That said, if you were my (now fired) cleaner, I’d probably make a basic police report, just incase anything else is discovered to have gone missing.
Fess up, apologise. Learn from your mistake. Move on.
It’s highly unlikely you’ll face any criminal charges for this tbh.
It is however potentially a sackable offence, I don’t think you could argue unfair dismissal for getting sacked over taking a client’s bank card and attempting to use it, providing they follow a proper procedure to do so
My mrs runs a cleaning company. I’ll give you the same advice I gave her when she worked for a cleaning company and things were getting hard.
Assume you will be fired. Use your final pay check to buy all the equipment you need and start out on your own. Advertise on social media. Next door, facebook etc. Offer some discounts for first cleans. You could be fully booked inside a month, make more money, control your own time. You’ll need to hold yourself to higher standards. Incidents like this wont fly if your own name is on the line.
I would take the card back to the customer with cash of however much was used. Apologise profusely – try to explain – if they’ll let you – and leave. You’ll probably still be fired, but the customer may also call your boss and say it has been returned. But unlikely.
Take a photo of your card next to theirs. Assuming they are identical, it should be understandable how this occurred, assuming it was loose on the the floor or something so you assumed you dropped your own card. As for prosecution, theft requires intent. If you did spend any money via contactless, you should repay it.
Lots of people accuse the OP never worked in high stress/ clients on site jobs.
Best course of action is to return it along with any money you have used.
Since both cards look the same, especially with the names behind the card it is an honest mistake.
You might lose your job, but I personally don’t believe you will face any legal action. NAL but this situation can be tracked easily. Now all major banks have automatically notification when a card is used.
Just own it and admit to it. It happens.