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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26574
Experience:  16 yrs. of trial experience
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Over paid illegal at work for months did not report it administration

Resolved Question:

Over paid illegal at work for months did not report it administration found out about it what can they do tome
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, are you a union employee?
Customer: replied 1 year ago.

Yes


 

Expert:  P. Simmons replied 1 year ago.
Thank you

And is the concern you will be terminated? Or just loose the overpayment?
Customer: replied 1 year ago.

Terminated and prosecuted

Expert:  P. Simmons replied 1 year ago.
Prosecuted??

They have filed criminal charges?

What is the charge?? Are they claiming you committed fraud somehow?
Customer: replied 1 year ago.

The person paying me committed fraud I excepted it so even though I denied that I knew she was doing it they swy I just as guilty as she is


 

Customer: replied 1 year ago.

Waiting for response

Expert:  P. Simmons replied 1 year ago.
Very sorry...I was called away on a minor emergency...just a moment please I will type it up Ma'am
Expert:  P. Simmons replied 1 year ago.
Again, sorry for the delay...I was called away unexpectedly.

What you describe could be criminal misconduct. Depends on what you knew and what you did...

In order to be a crime (that can lead to a criminal conviction and criminal sanctions like prison or fines) the state must be able to prove, beyond a reasonable doubt, that you took some action to assist with the crime.

So, for example, if you helped this person commit fraud (and steal money from the company)?

Then they state could take you to a criminal trial and try and prove that.

But just knowing about a crime and not reporting it, in most cases, is not a crime.

Now...there are some "grey areas"...for example, if your job was to oversee the finances of the company and you "looked the other way" to allow the theft? That would be a crime.

And even if your job was not directly related to finance in the company, if you knew that someone else was stealing from the company, and you benefited from that and did nothing? That may be something the state could prosecute.

It really depends on context.

If you are questioned by the police, you will want to consider invoking your right to remain silent...no good reason to give a statement and potentially incriminate yourself.

To prove theft, they have to prove you assisted in some way...

Simply not reporting would not be enough to be considered a crime in most cases.

Now...can they fire you?

That is up to the union rules...if you are part of a union the union will have rules that control how they can or can not fire you. But even if they can not prove a crime, if there is evidence that you knew of misconduct and benefitted from it, that is likely enough under the union rules to terminate. You would want to talk to your union representative to discuss your appeal rights under the union rules.

BotXXXXX XXXXXne: To find you guilty of a crime they have to prove that you assisted in some way...if they can not do that? Then they will not be able to convict. you.

Again, sorry for the delay...please let me know if you have more questions regarding this.



P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26574
Experience: 16 yrs. of trial experience
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