The situation

Fraud often only comes to light when someone else takes a closer look. For example during a holiday, illness or an internal handover. A colleague checks payments, temporarily takes over administrative tasks and suddenly notices that large amounts have been transferred from the company bank account to a private account.

When that happens, business owners quickly think of suspension, investigation or dismissal. That may be necessary. But it does not recover the money. Even if the employee has already left the company, you must consider how to recover the loss.

The question is therefore not only: Which options does employment law offer?
The question is also: How can you prevent there being nothing left to recover later?

Many business owners think they first have to go through lengthy proceedings before recovering anything. That is not always the case. Sometimes summary proceedings can help recover part of the loss in advance.

The legal issue

This was also the issue in summary proceedings before the interim relief judge of the Amsterdam District Court. An employer argued that a former senior finance employee had transferred € 424,625.33 to her own account. The employer had already attached her ABN AMRO bank account and her Mercedes EQA 50+.

The employer asked the court to order payment of the full amount. If that went too far, it at least wanted an advance payment. The former employee, by contrast, asked for the attachment on the Mercedes to be lifted, arguing that she needed the car to look for work.

The court awarded € 80,000. That amount corresponded with what appeared to be available at that time: nearly € 30,000 in the bank account and the value of the Mercedes. That value had not yet been precisely determined. The employer was also awarded statutory interest and more than € 8,500 in legal costs.

A monetary claim in summary proceedings is not awarded lightly. The court considers, among other things, whether the claim is sufficiently clear, whether there is urgency and whether the risk remains limited if a different decision is reached later.

Why not the full amount? Because summary proceedings are fast and provisional. The court found the claim sufficiently clear up to € 80,000 and linked that amount to the assets under attachment: nearly € 30,000 in the bank account and the value of the Mercedes. For the remainder, the employer must still bring proceedings on the merits.

What does this mean for entrepreneurs?

This judgment shows that an employer does not always have to wait until proceedings on the merits have been fully completed. If it is sufficiently clear that damage has been suffered and there are assets from which recovery may be possible, summary proceedings can help obtain an advance payment.

At the same time, summary proceedings remain provisional. The court will critically assess the amount of the claim, the available assets and the risk that a different decision may be reached later. Proceedings on the merits may still be necessary for the remaining loss.

For business owners, the key lesson is therefore:
Do not only wait and see what is possible under employment law, but also immediately look at evidence, attachment and recovery.

Legally sharp – Tips for entrepreneurs

Dismissal is often the first thought. But that does not recover the money.

Therefore, also pay attention to the following:

• Identify the loss quickly: Collect bank statements, payment orders, internal authorisations and relevant correspondence.
• Investigate where recovery may be possible: Consider bank balances, vehicles or other assets.
• Do not wait too long before attaching assets: If assets disappear or are transferred, recovering the loss often becomes more difficult.
• Choose the right route: Sometimes summary proceedings are useful to obtain an advance payment quickly; proceedings on the merits may be needed for the remainder.
• Use AI only as support: AI can help organise information, but evidence, privacy, attachment and litigation strategy require legal assessment.

In conclusion

Fraud is not always prevented by trust, but it is detected more quickly through control. Therefore, regularly check who is allowed to prepare, approve and review payments. Also ensure a clear division of tasks, four-eyes checks and up-to-date payment authorities.

If things nevertheless go wrong, act quickly:
Collect evidence, investigate the facts and discuss in good time which steps are needed to actually recover the loss.

Contact

Do you suspect fraud or would you like to know quickly which steps you can take? Do not wait too long. We are happy to think along with you about securing evidence, attaching assets and starting proceedings to recover damages. Please contact us without obligation at info@acginter.com.