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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4503
Experience:  Extensive experience representing employees and management
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I am a small business owner with whom I have caregivers go

Resolved Question:

I am a small business owner with whom I have caregivers go to clients home for service. One of my caregivers, who is on limited worker's comp duty, serviced our client without our knowledge and authorization. She also requested the client to pay her directly for 8 days of work, unknowing to us. The clients are always billed by our business and is never to pay the caregiver directly. There were also no documentation (timesheets) for any of this service.

We found this out after the work was done and after our said employee cashed both checks. If the money is not returned to us, can she be charged with any crimminal charges. Does this also violate the worker's comp situation.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.

Hello and welcome to JustAnswer.

 

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

 

My goal is to provide you with excellent service today.

 

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.

 

Again, my goal is to provide you with the best possible service today, so please let me know if you have any follow up questions or need any additional information.

 

Thanks and best of luck!

 

Customer: replied 10 months ago.


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.

Expert:  Joseph replied 10 months ago.

Hello Sheryl,

 

No, you wouldn't be obligated to pay her since you didn't schedule her to the client and the work was unauthorized.

Joseph, Lawyer
Satisfied Customers: 4503
Experience: Extensive experience representing employees and management
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