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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19676
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I was employed In a job where I kept my own time and wrote

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I was employed In a job where I kept my own time and wrote my own checks. I was employed there for almost two years. I started a relationship with my bosses ex-wife and was fired. Suddenly, I am being accused of turning in more hours than they think I worked and the boss is trying to claim that I embezzled those hours. I was never asked to keep a time sheet and they approximated that it was an average of 20 hours per week. When I asked them to tell me how many hrs I actually worked compared to what I turned in they had no clear answer. I asked them how they came up with the 20 hrs if they didnt know my actual time. Now in anger they are threatening to file a lawsuit!! They want me to write a letter confessing that I cheated my time or they will take it to the authorities. I did not cheat my time but I am on probation and don't know how it will be affected. Do they have a case?

Thank you for the information and your question. Although there would be no way to know if you could be successfully prosecuted for embezzlement since I don't have all of the facts, including those in the possession of the employer, if the employer cannot come up with firm proof of the hours that you were actually at work, then there wouldn't be any proof to support their claim. In other words, the employer is going to have to produce documentary or testimonial proof that you were not at work when you said you were for pay purposes.

The last thing you want to do though is write an admission that you did this. You should not make any more statements to anyone about the facts unless and until you have your own attorney and your attorney tells you that you should speak. Otherwise, you should seriously consider remaining silent.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.
Customer: replied 3 years ago.
Will the filing of a lawsuit violate my probation?
A civil lawsuit, no, that would not violate your probation. If they file a police report, then you might be violated and then your attorney could get that dismissed for lack of evidence.
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