California Employment Law
California Employment Law Questions Answered by Legal Experts
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!
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).