Q: Can past employe fraud can create vicarious liability on employer
Mr. Murli opened a Savings Bank Account with Majisa Bank, guided by employee Mr. Gogi, also his neighbor. Initially, deposits were smoothly handled by Mr. Gogi, who appeared to be a responsible representative. However, suspicion arose when unconfirmed deposits were discovered, leading Mr. Murli to question the Bank.
Upon investigation, it was revealed that Mr. Gogi, a former bank employee, orchestrated the fraudulent deposits, yet the Bank disassociates itself, emphasizing Mr. Gogi's non-role at the Savings Bank Counter. Mr. Murli contends that the employer-employee relationship holds the bank accountable for compensating losses caused by Mr. Gogi's actions during his service. In contrast, the respondent argues collusion between Mr. Gogi, plaintiff's wife, and the bank, asserting Mr. Gogi acted as an agent, placing responsibility on the plaintiff.
The dispute revolves around whether the bank is liable for Mr. Gogi's actions or if he acted independently.
A: Attorneys in the Employment Law/Banking Law categories might be in a better position to advise here, but your question remains open for two weeks. Some questions go unanswered on the forum, but you could try reposting and adding those additional categories. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
