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can I be compelled to pay for company losses

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1 can I be compelled to pay for company losses on Tue Jan 04, 2011 12:33 am

stainted


Arresto Menor
Good morning attorney,

Sorry, I can't sleep. I am currently a bank manager for a local bank. Around three years back, I was still assigned as a branch supervisor. At that time, we were requiring that all checks be microfilmed because the original checks are mailed back to the clients. Actually sir, I really don't remember, The thing is, the bank cannot locate the microfilm images of the checks during my time. They only require us to forward the film for developing. They need the check image for an ongoing case wherin the client is denying taking money out from his account. If we cannot locate the microfilm, can I be held liable to pay for the client's claim?
Second question po, just in case I approved a check with a forged signature, can the bank ask me to pay?

Thanks po!

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resjudicata


Arresto Mayor
This requires a detailed account of your obligations and liabilities as branch supervisor at that time. As far as your bank is concerned, they can hold you liable for negligence or damages or breach of employment contract arising from that act and you are in the best position to affirm that you are not liable as your defense.
When it comes to forged checks, as a general rule, the drawer is not liable even to a holder in due course. But when you approved its encashment, knowing fully well that it has a forged signature, the drawee bank is liable for any consequence. The bank is asserting that is not answerable, and they are putting the blame on you citing, perhaps, that you are personally liable to that mess. A competent lawyer will be a good remedy to your sleepless nights.

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stainted


Arresto Menor
Hi sir, thanks for the reply.

generally speaking, if I made a mistake without any bad faith. can my company compel me to pay for damages?

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attyLLL


moderator
IMO, it is possible to charge it to you, but you can certainly resist. it has to be shown that it was your negligence which led to the loss of the microfilm, and the loss of the microfilm was the cause of the loss of the bank.


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