California Employment Law
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1. If the money is not returned to us, can she be charged with any criminal charges?
Yes, she could be charged with theft (petty or grand depending on the amount) if the money is not returned to you. You should definitely file a police report and then it would be taken from there. Prosecution would probably be declined if the money is returned.
2. Does this also violate the worker's comp situation?
I'm not exactly sure what you mean here. Do you mean whether the employee has sacrificed her right to workers' compensation benefits by doing this. That answer would be no, unless she has demonstrated that she is not actually injured while engaging in these actions, in which case her case may be fraudulent.
But, please let me know if you meant something different with this question.
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Thanks and best of luck!
Thank you, XXXXX XXXXX have one more question.
If money is returned to us, are we obligated to pay her for this work even though we did not schedule her to this client.
No, you wouldn't be obligated to pay her since you didn't schedule her to the client and the work was unauthorized.
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