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  • #986261
    shelbyduck
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    Hi

    I am wondering if there is anything company or organisation that would help small business to get legal advice?

    Last time, we had staff holding business’s property, we approached a lawyer, he was going to charge us 10K for pushing police to do something. We were not in the position to pay that sort of money, especially when we know the staff will be on the Centre link for the rest of his life. ( in other words, even we won the case, we would still have to pay the lawyer.) So all we could do back then was to waiting in the station hours and be stubborn, pushing for it. The police eventually got our stuff back.

    Unfortunately, this happened again. This time, the staff not only holding the cash he collected from customers, but also represented our company to collect customers return goods after he was fired. Of course, we didn’t find this out until we tried to chase the unpaid debt. from previous experiences, we tried different police station. This time, the police straight away stated that it is not our business and we should have our company structured better to prevent things like this happened. I thought it is fraud, and it is stealing.

    I have look for Legal Aid, but as soon as they hear it is about business, they turn me down, and ask me to find private lawyer instead. We just want someone to share some light. It maybe 3-4 K loses if we just let it go. However, I would rather have those horrible people go through police station or court than have them walk away free.

    The employee, they have fair work, ombudsman, they are all free of charge. It seems like there is little help to small business owner.

    #1157012
    Anonymous
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    Hi shelbyduck,

    That sounds like a very stressful situation, and I’m sorry to hear about it.

    Things are a bit quiet around here at the moment because of the holidays, but I’m hopeful that one of our legal experts will be along shortly to give you some general advice.

    Sometimes the most appropriate course of action depends on which state you’re based in, so if you can share that info with us, that would be great.

    Fingers crossed that it all turns out well for you.

    Thanks for joining Flying Solo,
    Jayne

    #1157013
    JacquiPryor
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    Hi,

    Unfortunately, a solicitor may be your best chance at taking action.

    If you want to try and do it yourself, the couple of places I found that might be able to assist or give you more information:

    The Fairwork Commission may be able to assist you in resolving this dispute – depending on the nature of your company, the nature this person was employed and possibly the nature of your dispute etc etc. They can offer assistance in certain circumstances for employers – see http://www.fwc.gov.au;

    Also, this website – http://www.business.qld.gov.au/business/employing/managing-staff/managing-conflict-workplace/workplace-conflict-resources is from the Queensland government and offers resources to help resolve workplace conflicts. It links to a list of dispute resolution centres in Queensland.

    My company is a part of a legal network called LegalVision. They have lawyers for pretty much any need you might have (see http://www.legalvision.com.au) and provide fixed-fee quotes, so, if the above are not able to help in your situation it could be worth contacting someone for a quote to assist you.

    Good luck!

    #1157014
    AlexWebley
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    Hi shelbyduck,

    Sorry to hear about your situation.

    Your situation seems to suggest that the actions of the perpetrator should be classified under a number of dishonesty criminal offences. Perhaps it’s worth asking the Police again, in a different way/different place. There have been many times when I have spoken with government departments, or large companies, on different occasions about the same thing and got totally different results/advice/action.

    Anyway, best wishes with getting it sorted.

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