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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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what charges can be charged if staff violates liquidation of

Customer Question

what charges can be charged if staff violates liquidation of cash advances and accumulated a big amount.  What are the options available to the organization?

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid you need to please explain the situation in a bit more detail and provide us some more information about the background of what you are asking so we can better assist you.
Customer: replied 1 year ago.

Hi Paul,


 


I am newly assuming as head of an organization. When I asked for the financial statements (balance sheet), i found out that there were at least 3-4 staff who have big balances on cash advances for programs. these advances are requested to conduct activities such as training, consultancy, etc. Policy of the organization is that these advances should be liquidated at least 15 days after each event. there has been like overlapping of activities such that request for advances where granted as there was a promise that liquidations were sent already thru a courier. The staff is located in a branch and activities were done in far provinces. These advances accumulated and i believe not properly monitored by the supervisor and the accounting people were under this particular manager. So I guess the control was really lacking thus this big unliquidated advances of two staff. Their attention were called already and in fact they are given until end of June to comply. But i have a gut feel that one of them may not have receipts to support the activities to fully liquidate the cash advances.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

When your company has a policy regarding cash advances and submission of receipts, any employee not able to provide such receipts as required is not entitled to reimbursement for failure to follow company policy. In order for an employee to claim an expense suffered for the benefit of the employer's business, they must provide proof of the expense and the reason for the expense and thus they have to present receipts to prove the expense. The staff member can be denied reimbursement as a penalty for not providing proof of the expense and could also be terminated for good cause for failure to comply with company policy.

Also, if they have been given a deadline for compliance, if they fail to do so this too is good cause for termination as well as for denial of reimbursement of expenses. The supervisor who was in charge of overseeing this compliance has also provided negligent supervision and this is also good cause for demotion and/or termination of the supervisor.

There are no criminal charges, these are civil or job related remedies that can be taken against employees for refusal or failure to comply with company policies and regulations.




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Customer: replied 1 year ago.

Hi again,


 


As i have mentioned, before they present the receipts as support to expenses, these staff request for a cash advance to conduct the business of the organization. They have to liquidate these cash advances after the activity was conducted. In this particular case, staff did not submit receipts to support the liquidation so the advances can be zeroed out. This is the problem which i am facing now. If the staff not able to give supporting receipts and the money given to them in advance to conduct the business of the organization is cash advances, what should i do or what are my options to ensure that this can be taken back by the organization? is there no cause for malversation? or what? since staff is supposed to return the monies if these are in excess for the activities approved by the company.

Customer: replied 1 year ago.
Relist: Incomplete answer.
I sent additional information so i can get a complete answer and furthermore, how can i collect this process of query and response as part of my documentation? thanks!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up. I am sorry for the delay in responding, but we are working with many customers at once who all need and deserve the same time you deserve.

I appreciate the clarification. If the company has already given the money to the staff and they cannot substantiate how they spent the money this is theft as well as grounds to sue them for recovery of the money they cannot prove they spent for a legitimate business reason. Thus, you would place the employees on notice that if receipts are not produced as required you will pursue them in a civil suit to recover the money from them that they received and also will file criminal charges with the authorities for theft and embezzlement of company funds. Then if they fail to comply you would have to follow through and contact the local prosecutor to prosecute them for theft and embezzlement and you would have to get the company lawyers involved to sue the employees to recover the company money they took without any proof they used the money for a legitimate business reason for which it was advanced.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92810
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

 


Sorry for the limited information i gave at first and thank for trying to help me out in my problem.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.

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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law