part timer stealing

I recommended a helper to a friend because she had worked for the family or 6 yrs and I felt I knew her and trusted her (silly). My helper also got to know her. THe family who signed her contract left HK and she then went to work for her original employer's friend. The new family I do not know.


I received a call today from an agent friend of mine to say they had employed this helper part time had stolen 8K from the safe because she found the key in some clothing. I called my friend who also has her part time and it seems she has stolen from her too - some of it charity money.


No I know employing a part timer is illegal!! Can anyone give me any advice for these people as to what to do. Can we call the police and face her with it. I know we have no proof. Would the persons employing her part time get into trouble?


We are planning on turning up at my friends home tomorrow when she arrives for work to face her with it. I was crying this morning when I found out what she had done because I had passed on her number to these people.


Urgent advice needed please

Not much to add to cara's post except to say that one of many advantages to a full time on a FDH contract is that many helper insurance packages cover theft of this kind.

Couldn't the people who employ her full time, be informed, then they could maybe deal with the theft, and perhaps sacking this theif? Do they know she works part-time for others, they may not be aware.

The net result may well be as Cara says but not necessarily. The employer could report the crime to the police but it is not certain that action against the employer would definitely follow (and even if there is action, what the penalty would be).


However, as it is unlikely the helper will pay back the money, your friend needs to decide what she wants to achieve if she takes this further, given the risk that there could also be legal consequences for her. If she wants to "do the right thing" and report the crime she may be prepared to take that risk.


This is how i see the likely situation:


1. there are two different offences:


a. the crime of theft committed by the helper; and

b. the statutory offence of "aiding and abetting" the helper's part-time employment committed by the employer (there is also the helper's statutory offence but that is irrelevant for these purposes).


2. These offences are not "equal" in the sense that they cancel each other out. The crime is a much more serious offence for which, if convicted, the helper is likely to serve jail time.


3. If your friend reports the theft it is up to the police to decide if there is a case worth prosecuting. They decide if there is enough evidence. The employer does not have to "prove" anything - that is the job of the police.


4. In taking evidence, it will undoubtedly come up that the helper was employed illegally. I do not know how these statutory offences are prosecuted - it may be by the police or (I think, more likely) by the department. I also do not know whether the police would report the illegal employment to the dept (although you'd expect that to happen). There could be a procedural breakdown at this point. It is likely that any legal proceedings concerning the illegal part-time work would occur after the decision on the more serious allegation of theft.


5. If legal action is taken against the employer, it does not necessarily follow that the more onerous consequences that Cara lists will occur although these statutory penalties are certainly available to the govt. Your friends should consult a lawyer about the likely consequences in this case. My feeling is that a fine is the most likely result (but I could be wrong!)


6. Your friend could confront the helper as you propose, saying that she intends to report the crime to the police, regardless of the consequences in respect of the illegal employment. Whether your friend is prepared to in fact carry out the report depends on what she wishes to achieve and at what risk and cost.

I realise there are consequences, but what i was trying to say, is that the employer this helper is contracted to might not even know she is "moonlighting' and doing jobs on the side. If their contracted employer works full time, their helper could be doing lots of 'part-time' jobs without them even knowing, lots do this. If the postee could find out who the employer was, they could talk to them, explain what has been going on, and get the contarcted employer to report them to the correct people. Because lots of employers who don't know or allow their helpers to work part-time would be furious about them doing this.

Thank you everyone for your replies. Its been a stressful day as I was moving home today and luckily still had internet connection for a short while until packers came - and having re-read my message lots of spelling errors Oops!


Anyway as you all said getting the police involved gets everyone in trouble. We do not know who has signed the helper's work contract and I am sure she does know she works part time elsewhere. My helper doesnt know either or even where she lives. As I said in my message we are all going to turn up at my friend's apartment tomorrow and wait for her to arrive and face her with what we know and see what she says. Seems she has borrowed money off my helper too and called her today that she would repay it.


Watch this space!


Thanks again everyone. Really appreciate it.

Seems like a very bad apple, Good luck with your move.

Update - I along with my friend who had hired the part timer as well as the other person who lost the larger amount of money turned up at the my friend's apartment when she was due there. We confronted her about the missing money and she said she would pay back the 8K because she was being forced to do so - her words - but why would you if you werent guilty of taking it. I spoke to her and said how upset I was having known her for 4years and how good I had been in getting work for her. Long story short she said absolutely nothing and we got the front door key back and left it at that. Later she contacted my helper crying and said she wanted to commit suicide. My helper told her not to be so silly and just to tell the truth. We realised we cant contact Police or Immigration although the family who had their safe broken into may still involve police.


I shall never recommend a helper to anyone in the future - lesson learnt. I am lucky I have a lovely helper who we all treat as family and trust her completely.

You say you would never recommend another helper to anyone in the future, but from your last sentence it sounds like you think very highly of your current helper as you "trust her completely" - surely should you no longer have need of your current helper you would recommend her to someone if she is so good and trustworthy?

Thats a different matter about my helper. I was referring to the many part time helpers around for hire.