Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, but I think what you're really asking is whether you would win. In my opinion, you have a shot, but probably not. Employer's are responsible for the actions of their employees taken in the course of their employment and falling within the scope of their duties. For example, if a waiter spilled boiling coffee over you and caused you third degree burns, his employer, the restaurant, would be liable for his negligence. Here, you could argue that it was within the employee's duties to return your debit card and not to use it, but I think the view more likely to be taken by the court is that the employee's theft was not part of his job, and his employer is not responsible for it. Also, even if the employer was held liable, neither it nor its employee would be held liable for your stress and time (unless it cost you time from your job, or other money earning activity), just any money you lost.
Answered on Apr 03rd, 2017 at 8:38 AM