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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15641
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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What are my options if I come to HR explaining that I have

Customer Question

What are my options if I come to HR explaining that I have had improper use of the company credit card?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

It was a good step for you to notify the employer, you can advise them you will sign an authorization allowing them to take deductions from your paycheck, and under the law that would be allowed.

wallstreetfighter :

However, it is up to the employer to make a decision on what they want to do, as GA is an at will State, so an employer can terminate any employee for any reason,

Customer:

The company lacks a credit card policy as well.

wallstreetfighter :

If they lack such a policy, it would be hard for them to terminate you for misconduct,

wallstreetfighter :

and deprive you of unemployment benefits,

Customer:

We are incorporated in NY, headquartered in VA, but I am based in GA. Do that make a difference?

wallstreetfighter :

No, all three are in at will states.

Customer:

Yes, the company did not have us to sign a statement affirming that we understand the use of the card.

wallstreetfighter :

That is good evidence that you were not aware of what the limits are

Customer:

There is a general statement that simply says "cards are to be used for business related purposes."

Customer:

I have offered to the HR office to pay back and unauthorized charges from my payroll and loss of my ability to use company credit card.

wallstreetfighter :

that is good, they should accept the offer,

Customer:

can they still terminate me after an agreement has been made to repay?

wallstreetfighter :

yes, unless you are part of a Union,

wallstreetfighter :

or on a contract,

Customer:

how can I maintain my employment and repay the debt without retaliation to terminate?

wallstreetfighter :

You can offer to pay them the entire amount up front, that may help,

wallstreetfighter :

but there is no course of action that will guarantee them not terminating you

Customer:

this is what as sent from HR a few minutes ago

Customer:

Thanks for sending me the report with the personal charges made on your corporate credit card and explanations for the rest. Of the explanations you sent, six of them should be treated as personal charges as they are outside of the business guidelines and cannot be treated as business expenses. They have been highlighted in yellow at the bottom of the report. The attached report summarizes the personal charges you made on your corporate credit card and nothing more.


 


Can you please reply back to the email with your acceptance that the charges are indeed personal and not business related and the organization can move forward with holding the amount from your paychecks.


 


Once I hear from you, I will speak to the Senior Management likewise.

wallstreetfighter :

that is good, you should agree, and make a payment plan for the charges

wallstreetfighter :

If they take a payment plan, they would not terminate you

wallstreetfighter :

as they would not be able to collect on the money due

Customer:

that sounds good.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

the amount I owe over a 4 month period is around $13,000 so expenses were intertwined with business..what would be a respectable payment plan? in your opinion

wallstreetfighter :

25% of wages,

wallstreetfighter :

or $1000 per month if you can afford it.

Customer:

I make around 90K a year, so that is very doable am merciful of them, if they agree.

wallstreetfighter :

Yes, if you make 90k, you could pay the amount over 12 months,

Customer:

I also to forgo any bonus that i would otherwise receive at the end of the year

wallstreetfighter :

I would not relate this to any bonus,

Customer:

Please expound.

wallstreetfighter :

the bonus should be treated different,

wallstreetfighter :

this should be paid as a one time mistake, the bonus is for your work and performance,

Customer:

bingo

Customer:

this is helpful.

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback, if you have any further questions please do not hesitate to ask.

Customer:

Are there any other items that I address?

wallstreetfighter :

No, you should limit it to the payment issues.

wallstreetfighter :

It seems they have already agreed to the payment plan, so it is better to leave it alone

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback, if you have any further questions please do not hesitate to ask.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15641
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 9 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello are you there?


 

Expert:  wallstreetfighter replied 1 year ago.
do you have a follow up question?

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