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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1831
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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If I am currently on paid suspension (3 weeks now) but just

Resolved Question:

If I am currently on paid suspension (3 weeks now) but just go hired by another company and will start working this Monday. Do I have to tell the employer who put me on suspension? Is it fraud to be getting paid by 2 employers?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat


 

Employment-LawExpert :

The short answer is that no, this is not fraud.

Employment-LawExpert :

It could only become fraud if you were to lie to a company to their detriment.

Customer:

So I should just wait to get called back or get fired from my old job, even though I am not planning to go back to work there?

Employment-LawExpert :

Fraud is a false representation of a matter of fact which another acts on to their legal injury. So, what you should do is entirely up to you. You can get fired from the old job. You can quit on the day you are required to go back, or you can tell them up front so they stop paying you.

Customer:

So it is fraud to get paid from 2 employers?

Customer:

At the same time

Employment-LawExpert :

No it is not. (Though it could be against the contract of one of the employers)

Employment-LawExpert :

so for example, the new company may state that you have to work for them exclusively

Employment-LawExpert :

if that is the case, you could be in breach of that contract by maintaining payment from the other company

Customer:

I dont have a contract with either one, it is employment at will.

Employment-LawExpert :

Then you are completely fine

Customer:

If the employer that put me on suspension call me back to work I could just tell him I quit and if they fire me 2 weeks from now but I have already been getting paid from my new employer, I am not breaking any laws, correct?

Employment-LawExpert :

Correct, you are not breaking any laws.

Customer:

Okay that makes me feel a lot better, I am going to start looking for an attorney because they accused me of stealing merchandise from the retail store that I work at as a manager. I have never stolen anything since I was 5 yrs old.

Employment-LawExpert :

That is completely up to you. However, if you are an employee at will at the old company, then unless you can prove that they are discriminating against you because of a protected class, they are allowed to fire you for any reason that they would like.

Employment-LawExpert :

So, while you could technically have a defamation lawsuit if they went around telling everyone you stole, a wrongful termination lawsuit would be a very difficult one in your situation.

Customer:

Even accusing me of something I did not do?

Employment-LawExpert :

Correct. They can fire you for wearing an orange shirt one day, or because they woke up on the wrong side of the bed. If, however, you can show that the termination could be related to a protected category, such as your age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability then you would have a case.

Customer:

Okay I was just worried because I am still getting paid from first employer and will start getting paid from second employer on Monday.

Employment-LawExpert :

That is completely legal

Customer:

Thank you.

Employment-LawExpert :

Not a problem. Have I fully answered your question today?

Customer:

Yes, so now I just rate and press Finish?

Employment-LawExpert :

That is correct.

Employment-LawExpert :

Please remember that you are rating my service to you, and not the website itself.

Customer:

Thanks you were great. Answered the same question all 5 different times.

Customer:

One more thing is there something that states this, on any website?

Employment-LawExpert :

Meaning something that states that it is okay to work for more than one company at any time?

Customer:

yes

Customer:

One is salary and the other hourly...

Employment-LawExpert :

I am sure there are plenty of things on random websites, though no legal websites I imagine. It would be an analysis of both contract law, and criminal law. There are no criminal statutes making what you are doing illegal, so that would not exist, however, there could be something in contract law prohibiting you from working with more than one company, but as you do not have a contract, and you are an at will employee there would not likely be anything.

Employment-LawExpert :

I can do a quick search for you if you would like

Customer:

okay

Employment-LawExpert :

Here is an example of the same type of situation dealing with maternity leave when someone was paid who had no intention of going back

Employment-LawExpert :

http://www.motherswhowork.co.uk/join-mothers-work-club/events-and-support-for-mums/working-mum/pregnancy-at-work/maternity-questions-you-may-not-want-to-ask-your-boss/

Employment-LawExpert :

wait nevermind

Employment-LawExpert :

ignore that

Customer:

ok

Employment-LawExpert :

It is much easier to find websites dealing with things that are illegal rather than things that are not

Employment-LawExpert :

As there are statutes and case law referencing those things

Customer:

I know, its okay if you find something later on you can email it toXXX@XXXXXX.XXX

Employment-LawExpert :

Unfortunately, I cannot email it. However, I will be happy to post it in this chat

Employment-LawExpert :

Like I said before though, I doubt you will find something directly on point

Customer:

I just don't want to break the law, but if it's not illegal to get paid from 2 company's at the same time, I am happy.

Employment-LawExpert :

It is definitely not illegal. As I said before, the only way you can get in trouble is if there is a contract in place prohibiting it. Even then, there would be no criminal liability, there would just be a breach of contract action.

Customer:

Thanks again.

Employment-LawExpert :

No problem. Have a wonderful rest of your day.

Customer:

You as well.

Brandon, Esq., Lawyer
Satisfied Customers: 1831
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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