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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11697
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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cash advances

Resolved Question:

I am an employer that had an employee that I gave cash advances to and didn't know I had to have written consent. She just recently quit and is really vindictive, can she sue me for this. I'm wondering how long I need to wait on this site for an answer. I'm feeling very nervous.

Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

What exactly is your concern in this matter? It is not illegal to give an employee cash advances without written consent. You would however want written consent to recoup the advances out of the employee's paycheck. An employer may only withhold an employee’s wages when the employer is required by state or federal law, the employer has the employee’s prior written authorization, or there is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim, reimbursement, recoupment or set-off asserted by the employer.

If you are concerned merely that she'll sue you for not having a written consent for the cash advance, then you need not be concerned - that's not illegal. What may be illegal is if you were taking money out of her check without a written consent, and, even then, you could rightfully claim that there is a dispute that she owed you the money and you had a rightful claim to the money. The problem in this later scenario is that you'll have to prove you gave her the cash advances if she files with the labor department - proof of your payments to her and payroll records along with an explanation should easily clear that up however. I don't believe she'd have much of a chance at success in the matter given the facts.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 11 months ago.

I'm not sure if this would factor in, but I know she wants to try and sue me. I had a mother and son both working for me and he was the manager. We let him do the schedule and he filled out the time cards. His mother received a wage garnishment about 6 weeks before they both quit. They quit because I found proof that they were falsifying their time cards so it looked like he was working her hours and she wasn't. He didn't show up for work, so I called him to ask him why he wasn't their because she was going to be going over the 30 hours she could work before I would have to garnish her wages. I explained to him that I would have to garnish if she went over and he said I was threatening him and they both quit. She walked off the job. I know she was working a lot more hours because I checked the camera and she was working on days he said he was there. I know her intent is to sue me for something because she is very vindictive, but I'm not sure what she thinks she is going to sue me for. Also, I have her stealing a customers belongings on camera. Can I get in trouble for her working overtime and her son claiming the hours? I know this is strange, but it's making me feel afraid.

Expert:  Andrea, Esq. replied 11 months ago.

Hi, my name is XXXXX XXXXX I will be glad to assist you, You do not have anything to worry about because you were not keeping the employees' hours, nor were you the custodian of the time cards. The son was the "time keeper" as well as maintaining the time cards. He falsified the time cards on his own so that his mother's wages would not be garnished. Both the mother and her son were acting illegally without your knowledge. If the son had not stayed out of work that particular day, you never would have known about the falsified time records. You cannot be blamed for anything you neither had knowledge of, nor controlled. You had delegated these responsibilities to the son who abused your trust. I cannot imagine the mother suing you for anything without implicating herself. Moreover, neither the mother, nor the son were your relatives so you could not even be accused of doing "a favor" for a relative. You are worrying needlessly, neither the son, nor the mother can sue you or accuse you of anything.

 

You should take the video of her stealing a customer's belongings to the police so that the customer does not accuse you of acting in consort with your employees to stealing her personal belongings while she was in your establishment,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

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ANDREA

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11697
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 6 other Employment Law Specialists are ready to help you
Expert:  John replied 11 months ago.
There would be no risk of a lawsuit. The wage regulations clearly state where an employer has a no-overtime policy and has no knowledge of a particular employee working overtime, then there is no liability.

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