How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I live in California, and recently was the victim of a corporate

Resolved Question:

I live in California, and recently was the victim of a corporate investigation in which they are looking into possible payroll fraud. They have claimed that they have evidence against me saying that there are certain days where I didn't pay myself enough, or I overpaid myself and falsified times worked. I have no idea how credible these statements are; and I honestly have never intentionally falsified these times. I was originally trained when i was brought into this company, to manually type the time I was in and out, instead of just pressing the automatic clock in button (Because of pocket checks prior to leaving the store at night). To put my whole situation into perspective, Every one of my superiors who had trained me, have since been fired from this company by one individual whom I filed a formal HR complaint against for targeting me, and looking for any excuse to get rid of me. I was assured by my HR representative that this individual would have no more involvement with me; yet this entire investigation was spurred from that individual. What options do I have here? Can I pursue possible retaliation against this individual? Do I claim data-entry error? Is there anything that I can say about HOW I was trained, and the fact that all of my prior superiors who trained me are now fired from the company?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

Do you believe that you were initially targeted, or are currently targeted due to discrimination based on a protected characteristic, such as age, race, gender, national origin, or ethnicity?

 

Are you a member of a union or are you an at-will employee?

Customer: replied 1 year ago.

I do not believe I was targeted due to a protected characteristic, just targeted because this individual did not like me; and had power over me. I am not a member of a union, so I believe I am an at-will employee

Expert:  Joseph replied 1 year ago.

I hate to be the bearer of bad news, but I'm afraid that as an at-will employee your options are extremely limited.

 

As an at-will employee, you can be terminated at any time for any reason (even a false one) with or without any prior notice.

 

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

 

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."

 

Since an employer can terminate an employee for any reason, an employer can also discipline an employee for the same reasons, so you would not have a claim of retaliation against the individual who spurred on the investigations.

 

All that said, you have mentioned two very good points that you can and should bring up in your defense. 1) That you were trained differently and the people who trained you are now gone from the company; and 2) that you accidentally entered your time differently than it was. This would be greatly assisted if there are about the same number of entries giving you less time than you worked as more.

 

These would be good points to bring up in defending against termination and to bring up if you were terminated and your employer were to try to contest your application for unemployment benefits on this basis, although hopefully the latter will be irrelevant.

 

I sincerely XXXXX XXXXX had better news to give you (as I think the law is very unfair as it is currently written) but I hope you appreciate a direct and honest answer to your question.

 

Please let me know if you have any follow up questions.

 

If not, please ensure that you rate my answer positively so I get credit for my work.

 

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.

Again, please remember to rate my answer positively.

 

If you don't, I receive nothing for assisting you and the website recoups your entire deposit.

 

Trust me when I tell you I need the money more than they do, so I'd sincerely XXXXX XXXXX positive rating!

 

Thanks again and best of luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
Joseph
Joseph
Attorney at Law
3767 Satisfied Customers
Extensive experience representing employees and management