When is employee theft discovered by the employer?
When employee theft is discovered, it’s often while the perpetrator is still employed—when the employer has more options. Bryan Cokeley, an attorney with Steptoe & Johnson PLLC in Charleston, West Virginia, wrote on the subject for the September 2013 issue of West Virginia Employment Law Letter.
Can a company take money out of your paycheck?
Your employer cannot decide to take other deductions out of your pay for any other reason. Sometimes employers take money out of your pay to pay themselves back for cash shortages, or property damage. But this is not legal. If your employer believes you are the reason for a cash shortage, he or she must prove you committed a crime.
Who was fired for using company credit for personal expenses?
– Controller used the company credit for personal expenses, $20k+. Authorities were called and she was fired and had to pay the money back. – Division President tried to get a $50k bonus paid out twice. Management looked the other way, treated it as a loan, and he was not fired.
What happens if my employer pays me too much?
Your employer may make a mistake and pay you too much. Your employer only has to pay you for the time you worked. If your employer overpays you she can take it out of another paycheck in the future. But she still has to pay you minimum wage in each check.
How does an employer recover money from an overpaid employee?
Many employers establish written policies on how they handle overpayments. The policy usually requires that employees sign an authorized statement allowing the employer to recover overpayments in a certain manner. But even with written authorization, an employer might be restricted in some way.
When employee theft is discovered, it’s often while the perpetrator is still employed—when the employer has more options. Bryan Cokeley, an attorney with Steptoe & Johnson PLLC in Charleston, West Virginia, wrote on the subject for the September 2013 issue of West Virginia Employment Law Letter.
Can a former employer get their money back?
But state law might require your employer to have your written consent to make the deduction. If you no longer work for the company and the overpayment happened on your final paycheck, your employer may have to take legal action to get the money back.
What happens if you find out your employee is stealing money?
Certainly you want your money back, but if you go about getting it the wrong way, you could be facing felony charges of your own. You’ve just discovered that an employee has been stealing cash and you want every cent back. To recover that money, several options are available, but one could get you in big trouble.
Can a court find that an employer acted unfairly?
If your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. Courts have found that employers breached the duty of good faith and fair dealing by: fabricating reasons for firing an employee when the real motivation is to replace that employee with someone who will work for lower pay
Is it illegal to terminate an employee on a false pretext?
(And while it remains unlawful to terminate an employee for false pretext, proving pretext is difficult and the damage will have already been done.) The third myth is that once an employer realizes they could be sued for their actions, they will obey the law.
What makes an employer blacklist an ex employee?
Employers blacklist ex-employees for incompetence, insubordination, bad behavior or simply because they don’t like them. Recruiters blacklist job seekers for skipping interviews, failing background checks, inflating their qualifications and lying on resumes.
How can I find out if I am being investigated at work?
give you clear information about the allegations of misconduct that have been made against you (like what they say you said or did, to whom, when and where) choose someone independent to conduct the investigation.
Can a employer take action against you for misconduct at work?
Yes. Even if the police don’t charge you with anything (or if they charge you, but the court finds you not guilty) your employer can still take action against you. This is because a crime must be proved ‘beyond reasonable doubt’ but workplace misconduct does not.
What to do if an ex-employee steals money from your employer?
“Have your attorney draft the demand letter to ensure compliance with all applicable laws.” If that approach doesn’t work, the employer has other options, one of which is to report the theft to police and have law enforcement prosecute her. Another option is to pursue a civil lawsuit.